Briones

Appellant Roger Earl Thornton (husband) appeals from a postjudgment order requiring him to continue spousal support to his former wife, respondent Darlaine A. Thornton Briones (wife), after her remarriage on March 24, 2000. Husband argues Family Code section 4337 1 terminated his spousal support obligation by operation of law upon wife’s remarriage. We agree with husband and reverse the order of the trial court.

*253 Factual and Procedural Background

Husband and wife were married in 1977 and separated in 1994. The parties’ stipulated judgment for dissolution of marriage was filed with the court on May 14, 1997. Judgment was entered the same day. The stipulated judgment provides in part: “The Court finds that Respondent [husband] shall pay to Petitioner [wife] for her support the sum of $400.00 per month as and for spousal support, payable one-half on the first and one-half on the fifteenth day of each month, commencing May 15, 1997, and continuing until further Order of the Court, death of either party, or for a period until March 1, 2003, whichever first occurs. Said spousal support shall be non-modifiable.”

Two days after judgment was entered, husband filed a motion…