Article 3. Spousal Support of California Family Law Code >> Division 9. >> Part 1. >> Chapter 3. >> Article 3.
The provisions of an agreement for support of either party
shall be deemed to be separate and severable from the provisions of
the agreement relating to property. An order for support of either
party based on the agreement shall be law-imposed and shall be made
under the power of the court to order spousal support.
(a) Except as provided in subdivisions (b) and (c), the
provisions of an agreement for the support of either party are
subject to subsequent modification or termination by court order.
(b) An agreement may not be modified or terminated as to an amount
that accrued before the date of the filing of the notice of motion
or order to show cause to modify or terminate.
(c) An agreement for spousal support may not be modified or
revoked to the extent that a written agreement, or, if there is no
written agreement, an oral agreement entered into in open court
between the parties, specifically provides that the spousal support
is not subject to modification or termination.
If an obligation under an agreement for settlement of
property to a spouse or for support of a spouse is discharged in
bankruptcy, the court may make all proper orders for the support of
the spouse, as the court determines are just, having regard for the
circumstances of the parties and the amount of the obligations under
the agreement that are discharged.
Sections 3590 and 3591 are effective only with respect to a
property settlement agreement entered into on or after January 1,
1970, and do not affect an agreement entered into before January 1,
1970, as to which Chapter 1308 of the Statutes of 1967 shall apply.