Bankruptcy court did not clearly err in finding that nonqualified retirement account awarded to Chapter 7 debtor wife as part of marital settlement agreement dealing with division of marital assets, as part of agreement in which debtor-wife expressly waived her right to support other than the temporary, five-month award specified in another section of agreement, was not “alimony, support, or separate maintenance,” within meaning of California exemption statute, and could not be exempted even if reasonably necessary for her support.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.comPublished on: