Cesnalis

Cesnalis v. Cesnalis

Good Law
106 Cal. App. 4th 1267·131 Cal. Rptr. 2d 436
Court of Appeal of CaliforniaMarch 12, 2003No. C040828California3,098 words

Opinion

lead Opinion

Davis, J.

This appeal arises from the trial court’s postjudgment order denying the motion of appellant Edward John Cesnalis (Edward) *1270 to terminate spousal support. The court found that Edward and his former wife, Glenda Hill Cesnalis (Glenda), had agreed in writing that Glenda’s remarriage would not terminate her spousal support, and therefore Edward had waived his rights under Family-Code section 4337 (section 4337). Under section 4337, spousal support terminates by law upon the supported spouse’s remarriage unless the parties have agreed otherwise in writing. The trial court also found that Edward’s removal of language from the relevant written agreement—at Glenda’s insistence—that would have expressly terminated spousal support upon her remarriage estopped him from claiming that her remarriage terminated support.

We uphold the trial court’s findings that Edward waived section 4337 regarding remarriage, and that Edward was estopped from claiming that spousal support ended when Glenda remarried; accordingly, we affirm.

Background

Edward and Glenda were married on November 30, 1992. A little over seven years later, they separated and Glenda filed for divorce. Edward’s…

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