Bennett

Bennett v. Bennett

Good Law
144 Cal. App. 3d 1022·193 Cal. Rptr. 113·1983 Cal. App. LEXIS 1894
Court of Appeal of CaliforniaJuly 18, 1983Civ. No. 67196California776 words

Opinion

Lead Opinion

Lachs, J.

*1024 Opinion

John Bennett (Appellant, hereinafter former husband) and Janet Bennett (Respondent, hereinafter former wife) were married in 1949. On April 18, 1969, they executed a marital settlement agreement which was approved and incorporated into the interlocutory judgment of dissolution on January 16, 1970. The agreement contained the following provision for support for former wife.

“Husband shall pay to Wife for her support, maintenance and as alimony, the following sums of money:

On July 29, 1980, former husband filed an order to show cause for modification, termination or revocation of spousal support. The court denied former husband’s request, finding that the marital settlement agreement and interlocutory judgment were not modifiable, revocable or terminable.

Husband appeals, arguing that the marital settlement agreement is revocable because it did not specifically provide that it could not be revoked. He contends that Civil Code 4811, subdivision (b) requires an express pro *1025 vision excluding both modification and revocation, if the provisions of the agreement are not to be subject to change by judicial act. We disagree.

Civil Code 4811, subdivision (b),…

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