Latty v. Justin

I dissented in Singleton v. Harp, 689 So.2d 880 (Ala.Civ.App.1996), which Judge Thompson cites as authority for his order affirming the trial court’s judgment. I conclude that the trial court erred by finding the provision in the separation agreement, incorporated into the divorce judgment, to be a property division rather than a periodic alimony provision. The provision at issue states:

“11. That the [husband] retired from the United States Army in April 1990, and is presently receiving [$970] per month [in] military retirement pension benefits as a military retiree. The parties agree that in…