Dienhart v. Dienhart

The only issue on this appeal is whether the proviso in Code § 20-109 1 precluded the trial court from modifying a previous award of alimony.

On August 27, 1965 Edythe Baker Dienhart and her husband, Walter Argyle Dienhart, Jr., executed a separation contract settling their property rights and providing for the payment by Mr. Dienhart of $125 per month “alimony” to Mrs. Dienhart.

Mrs. Dienhart then brought this suit seeking a divorce from her husband and an award of temporary and permanent alimony. A copy of the separation contract was filed with Mrs. Dienhart’s depositions.

By a decree entered…