Antonio T. Croteau - Page 9

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          Ms. Croteau within the meaning of Cal. Civ. Code sec. 4801(b),              
          they would terminate at the death of Ms. Croteau, Cal. Civ. Code            
          sec. 4801(b), and would comply with the definitional requirement            
          for alimony or separate maintenance payments that is set forth in           
          section 71(b)(1)(D).  If the payments at issue were for the                 
          division of community property, they would not terminate at the             
          death of Ms. Croteau, cf. Lipka v. Lipka, 386 P.2d 671, 674 (Cal.           
          1963); Cal. Civ. Code sec. 4801(b), and would not comply with               
          that definitional requirement.                                              
               We find the terms of the agreement to be unequivocal in                
          providing (1) that petitioner and Ms. Croteau waived all right or           
          claim that they may have had to receive support or maintenance              
          from the other4 and (2) that all payments which petitioner was to           
          make to or on behalf of Ms. Croteau were for the division of                
          their community property.5  On the instant record, we find that             

          4  The agreement stated in pertinent part:                                  
            SUPPORT PAYMENTS TO SPOUSE.  In consideration of the other                
            terms of this agreement, and whereas both spouses are fully               
            self-supporting, both parties waive all right or claim                    
            which they may now have to receive support or maintenance                 
            from the other.  No court shall have jurisdiction to award                
            spousal support at any time regardless of any circumstances               
            that may arise.                                                           
          5  Indeed, petitioner conceded at trial that the payments at                
          issue were made either under the portion of the agreement enti-             
          tled "DIVISION OF COMMUNITY PROPERTY AND DEBTS" or the portion of           
          the agreement entitled "EQUALIZATION PAYMENT".  The portion of              
          the agreement entitled "DIVISION OF COMMUNITY PROPERTY AND DEBTS"           
          provided in pertinent part:                                                 
                                                             (continued...)           




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