Allen v. Withrow

Head, Justice.

A contract between a husband and wife made with the intention of promoting a dissolution of the marriage relation existing between them is contrary to public policy and is illegal and void. Birch v. Anthony, 109 Ga. 349 (34 S. E. 561, 77 Am. St. Rep. 379); Powers v. Powers, 158 Ga. 251 (123 S. E. 220); Law v. Law, 186 Ga. 113, 116 (197 S. E. 272). But where, as in this case, the husband and wife were living in a state of separation, and the wife was suing the husband for divorce and alimony, they could enter into a valid and enforceable contract settling the issue as to alimony.…