holding that, where a property settlement agreement has not been merged into a divorce decree, the parties continue to be liable to each other under the terms of the agreement and a court other than the one that issued the divorce decree may hear disputes about those terms
How later courts described this case
- holding that, where a property settlement agreement has not been merged into a divorce decree, the parties continue to be liable to each other under the terms of the agreement and a court other than the one that issued the divorce decree may hear disputes about those terms
- "parties to a divorce cannot restrict the court's power to modify a support order as facts, circumstances, and justice may require"
- “[W]here ...' a property settlement agreement has not been merged into the [divorce] decree, the principle in no way affects the parties’ continuing liability between themselves for separate contractual obligations.” (Emphasis in original.
- unless an agreement is merged into the divorce decree, it may not be modified by the court
Written by the judges who cited it.
The opinion
LARSEN, Justice,
concurring and dissenting.
I agree that support provisions of a separation agreement are enforceable in equity despite the existence of a support order. I would not, however, vacate the support order. I view the remedies as concurrent with no election having to be made as to the choice of remedies; of course, there would be only one recovery.