Smith v. Smith

By JUDGE S. W. COLEMAN, III

The initial issue for the court to consider in this divorce proceeding as submitted was the validity of a separation agreement entered into between the parties. The primary question is whether the court can enter an order for spousal support based upon the needs and resources of the parties or whether the court is bound by those provisions of § 20-109 of the Code which state: "If a stipulation or contract signed by the party to whom such relief might otherwise be awarded is filed with the pleadings or depositions, then no decree or order directing the payment of…