Shipp v. Shipp

Deen, Judge.

1. Where during the pendency of a divorce action a husband and wife enter into a settlement agreement covering alimony and property division, and a decree of divorce is subsequently entered up in which the question of alimony is not adjudicated, the agreement is binding on the parties as other contracts and may serve as a basis for an action by the wife against her former husband based on instalment delinquencies. Hayes v. Hayes, 65 Ga. App. 222 (15 SE2d 626); Walker v. Walker, 53 Ga. App. 769 (1) (187 SE 164).

2. "Where such a contract was entered into for the purpose of settling…