Summerlin v. Summerlin

Clarke, Justice.

When the parties to this action were divorced in 1971, an agreement incorporated as part of the final decree granted alimony to the former wife. In 1978, she filed a modification action praying for an increase in alimony.

Two questions arise. First, does a modification action proceed under the statute as it existed at the time of the divorce, at the time of filing the modification complaint, or at the time of the hearing on the modification? Second, was the statute in effect at the applicable time unconstitutional?

The trial court dismissed the former wife’s complaint, holding…