Johanson

I. FACTS

In 1996, Carol A. Johanson and John Weiler divorced in California after nearly thirty years of marriage. Johanson and Weiler executed a “Marital Settlement Agreement” that obli- gated Weiler to make monthly “spousal support” payments of $5,250 to Johanson until October 31, 2010. With respect to these payments, the Agreement explicitly provides:

IV. SPOUSAL SUPPORT

* * * JOHANSON v. CIR 12091 26. Both parties are aware that this marriage is one considered and characterized as a marriage of long duration. As a result, certain responsibilities for sup- port may exist between the parties for some unknown length of time after separation and after a dissolution is entered unless both parties freely and voluntarily waive their rights to support and agree to the termination of the courts [sic] jurisdiction over the issue of spousal support. Once this waiver and agreement is entered, it is non-reversible and may work a considerable hardship on either one or both of the parties.

26. [sic] Being aware of the above, the court will retain jurisdiction over John’s right to collect spousal support from Carol until May 31, 2011 at which time his right…