Facts

Plaintiff Bonnie Kircher was Vincent Kircher's second of four wives. Bonnie and Vincent Kircher were married in 1960 and divorced in 1976. Under Bonnie and Vincent Kircher's original Marital Settlement Agreement (MSA), Bonnie was to receive $700 per month in spousal support until the death of either party or Bonnie Kircher's remarriage or cohabitation. After their divorce, Vincent Kirhcer paid Bonnie Kircher as agreed, and also provided for her health and car insurance as well as a leased car.

In March 1987, the MSA was modified to provide spousal support of $2,000 per month until Bonnie Kirhcer's death, marriage or cohabitation. The agreement also stated that Vincent Kircher would pay for Bonnie Kircher's health and car insurance and provide her with a new car every five years. Vincent Kircher paid under the agreement until his death on Jan. 3, 2005.

Vincent Kircher was survived by his fourth wife, and executor of his estate, Adelaide Kircher. Adelaide Kircher informed Bonnie Kircher that the payments would stop in May 2008, but maintained her health insurance thereafter. Thereafter, Bonnie Kircher filed a creditor's claim against Adelaide Kircher.

PLAINTIFF'S CONTENTIONS:
Bonnie Kircher contended that Adelaide Kircher breached the MSA.

DEFENDANT'S CONTENTIONS:
Adelaide Kircher claimed that both Vincent and Bonnie Kircher understood the agreement to end, and support be terminated, upon Vincent Kircher's death. Furthermore, Adelaide Kircher argued that, as a creditor, Bonnie Kircher could not collect against assets that were held in joint tenancy by Adelaide and Vincent Kircher at the time of Vincent Kircher's death. Adelaide Kircher also argued that the agreement here was nearly indistinguishable from the agreements in In re Marriage of Thornton, (2002) 95 Cal.App.4th 251, and In re Marriage of Glasser, (1986) 181 Cal.App.3rd 149, in which the court held that a support agreement that does not explicitly state it that support continues after the payor's death terminates upon his death.

Result

The court awarded Bonnie Kircher past support, car lease and auto insurance payments, as well as attorney fees and costs. The court also awarded Bonnie Kircher future payments of $2,000 monthly and ordered Adelaide Kircher to maintain auto and health insurance for Bonnie Kircher, as well as provide her with a new car every five years. Additionally, the Court held both Vincent Kircher's estate responsible and Adelaide Kircher personally responsible up to the value of the joint tenancy properties

Other Information

FILING DATE: May 16, 2008.