McGaugh v. McGaugh

James R. Cooper, Judge.

This is an appeal from a decision of the Chancery Court of Pulaski County holding that the property settlement agreement incorporated into the parties’ divorce decree was an independent contract and, therefore, unmodifiable. The appellant contends that the chancellor erred in finding the agreement to be unmodifiable and in refusing to consider evidence of the parties’ understanding as to when alimony was to cease under the contract.

The parties were divorced on December 13, 1977. The divorce decree set forth, verbatim, the original of the property settlement agreement…