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Petitioner, through the agreement, has given up that right
(beyond the limited share specified). The question we must
decide is whether, if Ms. Cologne died, petitioner would still be
obligated for Ms. Cologne's half of the joint liabilities without
the right of contribution (beyond the share specified). As this
question is not answered by the agreement and the payment of
taxes is not the usual type of support expense, such as food,
shelter, or medical care, that necessarily ends with the payee
spouse's death, we look to State law.
California Family Code section 4337 (West 1994) serves to
terminate spousal support at the payee spouse's death, where the
parties have not otherwise agreed. California law distinguishes
payments for support from those for property settlement. In
setting spousal support, the California court considers, among
other factors, each party's earning capacity, the needs of each
party based on the standard of living during the marriage, the
payor spouse's ability to pay, the obligations and assets of each
party, the duration of the marriage, and the age and health of
the parties. See Cal. Fam. Code sec. 4320 (West 1994).
Division 7 of the California Family Code governs the
division of debts and liabilities and that of property. See Cal.
Fam. Code sec. 2500-2660 (West 1994). Both assets and
liabilities are considered in dividing the community estate. See
Cal. Fam. Code sec. 2552 (West 1994).
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