California Codes

Cal. Family Code § 4337 (2026)

Spousal Support Upon Dissolution or Legal Separation

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1995–2025 · leading case: Johanson v. Comm'r, 541 F.3d 973 (9th Cir. 2008).
Johanson v. Comm'r, 541 F.3d 973 (9th Cir. 2008). · cites it 3× “Under California Family Code section 4337, spousal support terminates on the death of either spouse unless the parties expressly agree in writing to the contrary.”
Moore v. Jacobsen, 817 A.2d 212 (Md. 2003). · cites it 2× “Many of those states have adopted statutes similar in language to that of § 11-108, providing that remarriage terminates an alimony recipient's right to receive alimony unless there is an agreement otherwise.”
Briones v. Thornton, 95 Cal. App. 4th 251 (Cal. Ct. App. 2002). “Family Code section 4337 provides: “Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party.”
Campbell v. Campbell, 136 Cal. App. 4th 502 (Cal. Ct. App. 2006). “Family Code section 4337 1 provides: “Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party.”
Wells v. Comm'r, 75 T.C.M. 1507 (T.C. 1998). · cites it 3× “California Family Code section 4337 (West 1994) provides that, "EXCEPT AS OTHERWISE AGREED BY THE PARTIES IN WRITING, the obligation of a party under an order for the support OF THE OTHER PARTY terminates upon the death of either party or the remarriage of the other party.”
Keller v. O'Brien, 652 N.E.2d 589 (Mass. 1995). “§ 9-12-312 (a) (1) (Michie 1993) (unless otherwise ordered by the court or agreed to by the parties); Cal. Family Code § 4337 (West 1994) (unless otherwise agreed by the parties in writing); Colo.”
Ambrose v. Comm'r, 71 T.C.M. 2429 (T.C. 1996). “California Family Code section 4337 (West 1994) provides that, "Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party.”
Cassinelli v. Cassinelli, 4 Cal. App. 5th 1285 (Cal. Ct. App. 2016). “(Fam. Code, § 4337.) However, remarriage should have no effect on a civilian spouse’s community property rights.”
Cologne v. Comm'r, 77 T.C.M. 1728 (T.C. 1999). · cites it 3× “California Family Code section 4337 (West 1994) provides: "Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party.”
Marriage of Nelson, 115 Cal. App. 5th 904 (Cal. Ct. App. 2025). · cites it 2× “THE LOWER COURT’S AFTER-DEATH SPOUSAL SUPPORT ORDER VIOLATES FAMILY CODE SECTION 4337.” (Boldface omitted.”
Johanson v. Cir, No. 06-75623 (9th Cir. Sept. 3, 2008). · cites it 3× “Under California Family Code section 4337, spousal support terminates on the death of either spouse unless the parties expressly agree in writing to the contrary.”
Berry v. Comm'r, 89 T.C.M. 1089 (T.C. 2005). “4300-4360 ) entitled "Spousal Support", 19 petitioner argues that "if the legislature wanted the operation of Cal. Fam. Code section 4337 to be limited to spousal support, then 'spousal support' would have been used instead of 'support of the other party'.”
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