Journal of Contemporary Legal Issues Issue Search
| Volume | 20 |
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| Year | 2012 |
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| Title | Negotiating and Drafting Spousal Support Agreements to Minimize Future Attempts to Modify |
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| Author(s) | Courtney Poel |
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| First Page | 289 |
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| Abstract | In 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. |
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