Firestone v. Firestone

GUITTARD, Chief Justice.

Russell Firestone brought this action against his former wife, Linda Firestone, to declare void a provision in their separation agreement requiring him to make periodic payments for her support after divorce. The trial court rendered summary judgment denying declaratory relief. Russell appeals on the ground that since the separation agreement was merged into the divorce decree, the obligation to make the payments constituted alimony after divorce and, therefore, was void. We conclude that the provision for periodic payments is enforceable as a matter of contract and,…