Marriage of Martin

Upon ending their marriage, respondent Craig Martin (husband) agreed to pay appellant Cynthia Martin (wife) spousal support for a period of four years. After discovering that wife had remarried, husband stopped paying spousal support and requested reimbursement of the total amount he had paid since her remarriage. The trial court granted husband’s request and entered an order requiring wife to repay $27,000, plus $2,700 in attorney fees. Wife challenged the postjudgment order arguing that husband’s spousal support obligation did not terminate by operation of law upon her remarriage because the parties had agreed in writing that Family Code section 4337 would not apply. After review, the Court of Appeal agreed with wife and reversed the order of the trial court. View "Marriage of Martin" on Justia Law