Garnett v. Garnett

I would modify the divorce decree by eliminating the husband’s obligations to pay the wife’s household and automobile expenses and a monthly sum to her if she becomes unemployed. Specifically, I would hold: (1) the divorce decree, in so far as it relates to alimony, is subject to modification based on a change of circumstances regardless of the fact that the decree incorporates an agreement of the parties; (2) this is true notwithstanding paragraph XI of the agreement that states “remarriage of the wife shall not * * * relieve husband of any of the obligations agreed to herein”; (3) the…