Schwartz v. Schwartz

In this case the former husband filed an action in which he sought, in pertinent part, to modify his obligation to pay alimony established by the judgment and decree of divorce which had incorpo rated the settlement agreement between the former husband and wife. The former wife moved for summary judgment, arguing that the former husband had waived his right to modify alimony. The trial court denied her motion, and we granted her application for discretionary appeal. We reverse. A clause of the parties’ settlement agreement provides that both parties waive their right to file a civil action to…