- 9 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011