Gelfo v. Gelfo

PEARSON, Judge.

The controlling question on this appeal is whether a trial judge may, in a divorce proceeding, enforce an agreement between husband and wife as to a division of their property, and at the same time grant alimony where the agreement contains a paragraph purporting to be a waiver of'that right.

Th.e appellant and the appellee were married in 1946. In 1965 they entered into an agreement entitled “Separate Property Agreement.” The last paragraph of the agreement contains the provision which is the basis for this appeal.

“The Wife accepts the provisions herein made for her in lieu of…