19 GCA § 6111
Property Relations
View official PDF ↗(a)Either husband or wife may enter into any engagement or transaction with the other, respecting property subject, in transaction between themselves, to the general rules which control the actions of persons occupying confidential relations with each other.
(b)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.
(c)The mutual consent of the parties is a sufficient consideration for such an agreement.
(d)
(1)Except as provided in Subsections
(2)and (3), the provisions of an agreement for the support of either party are subject to subsequent modification or termination by court order.
(2)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.
(3)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.
(e)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.
(f)Section 6111(b), as amended, and § 6111(d) are effective only with respect to a property settlement agreement entered into after May 15, 2015, COL1242015 CH. 6 COMMUNITY PROPERTY and do not affect an agreement entered into before May 15, 2015, as to which the § 6111(b) in effect on May 14, 2015 shall apply.
§ The story of this section
- Affected by P.L. 15-113 § 2 (bill & sponsor pending — earlier Legislature not yet ingested)
- Amended by P.L. 33-26 § 2 — introduced as Bill 59-33 · introduced by Mary Camacho TorresWatch the public hearing · Apr 14, 2015
Interpreted by the courts:
- 2000 Guam 28 — Doris Leon Guerrero v. Douglas B. Moylan (2000) · cited at ¶10
- 2012 Guam 7 — Timothy C.S.A. Lujan, Plaintiff-Appellant, v. Rita M.S. Lujan, Defendant-Appellee (2012) · per Katherine A. Maraman, J. · cited at ¶20
- 2014 Guam 2 — Cecilia M. Scroggs, Plaintiff-Appellee, v. Richard D. Scroggs, Defendant-Appellant, CVA13-002 (2014) · per Katherine A. Maraman, J. · pinpoints (a) at ¶18
- 2015 Guam 6 — Catherine Adele Lam, Plaintiff-Appellee, v. Alfred Kam Yung Lam, Defendant-Appellant, CVA14-004, 2015 Guam 6, filed Feb. (2015) · per F. Philip Carbullido, J. · pinpoints (2005) at ¶17
- 2017 Guam 3 — Antonio Artero Sablan, Plaintiff-Appellant/Cross-Appellee, v. Patria Untalan Sablan, Defendant-Appellee/Cross-Appellant, (2017) · per Robert J. Torres, J. · pinpoints (a), (c) at ¶31
- 2022 Guam 7 — Gerard A. Cruz, Plaintiff/Counter-Defendant-Appellee, v. Carmelita C. Cruz, Defendant/Counterclaimant-Appellant (2022) · per F. Philip Carbullido, J. · pinpoints (b), (d), (d)(1) at ¶37
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.