Montgomery v. Montgomery

(After stating the foregoing facts.) It is evident that the court, in allowing the amounts specified as alimony and attorney’s fees, treated the contract between the husband and wife, which is set forth in the statement of facts, as null and void; and the question is whether, under the evidence in the record, the court could properly decide that the contract was void.

We cannot say that the court erred in holding the contract void. Where husband and wife have separated and agreed to live apart, or where they have determined’ upon a separation, a contract making provision for the support of the…