Amos v. Amos

OPINION

CANTRELL, Judge.

In March of 1993, the Chancery Court of Coffee County held that a provision in a 1986 divorce decree awarding the wife one-half of the husband’s retirement pay as “alimony” was in fact a division of property and could not be modified. We agree that the award was not modifiable, although for a different reason.

I

In a 1986 divorce action, the parties executed a property settlement agreement which dealt only with the parties’ property involved in a jointly owned farming operation. In her answer to the complaint Mrs. Amos referred to the husband’s retirement pay, but the…