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Volume20
Year2012
TitleNegotiating and Drafting Spousal Support Agreements to Minimize Future Attempts to Modify
Author(s)Courtney Poel
First Page289
AbstractIn California, post-divorce entitlements with respect to spousal support may be based either on court order or on an agreement negotiated by the parties. The general rule is that post-divorce spousal support entitlements are modifiable, upwards or downwards, with respect both to amount or duration. However, divorcing couples can limit or even eliminate a court?s ability to modify their support agreement to the extent they ?specifically? provide. If support agreements are not carefully drafted to preclude or contour future modification, the court will be likely to assume broad authority over requests for modification. In this paper I discuss strategies, derived from the prevailing case law, for drafting a support agreement to minimize the chances a court will consider it to be modifiable.