Carol A. Johanson and Alfred F. Melzig, Jr. - Page 8

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                         decree of divorce or of separate maintenance,                
                         the payee spouse and the payor spouse are not                
                         members of the same household at the time                    
                         such payment is made, and                                    
                              (D)  there is no liability to make                      
                         any such payment for any period after                        
                         the death of the payee spouse and there                      
                         is no liability to make any payment (in                      
                         cash or property) as a substitute for                        
                         such payments after the death of the                         
                         payee spouse.                                                
               The parties agree that the requirements of section                     
          71(b)(1)(A), (B), and (C) have been met.  They disagree as to               
          whether section 71(b)(1)(D) has been met.  That subparagraph                
          requires that the payor spouse have no liability to make any                
          payment for any period after the death of the payee spouse, or to           
          make any substitute therefor after the death of the payee spouse.           
               Cal. Fam. Law Code sec. 4337 (West 2004) provides:                     
               Sec. 4337.  Termination of support order; death;                       
                    remarriage                                                        
                    Except as otherwise agreed by the parties in                      
               writing, the obligation of a party under an order for                  
               the support of the other party terminates upon the                     
               death of either party or the remarriage of the other                   
               party.                                                                 
               While the Parties made specific provision in the Agreement             
          for termination or modification of spousal support in the event             
          of John’s death, or prolonged unemployment or disability, they              
          made no provision regarding termination of support payments in              
          the event of Carol’s death.  Consequently, the California statute           
          will apply should she die before November 1, 2010.  The support             






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