Schneider v. Schneider

I respectfully dissent because I do not believe that the trial judge erred in denying specific performance of the agreement to pay spousal support. Janet filed a separate action to reopen the divorce proceedings, which was also dismissed— that dismissal was not appealed. The effect of permitting reopening the divorce proceedings would have been to allow her to seek alimony. Janet has abandoned this alternative remedy.

*519SPECIFIC PERFORMANCE OF THE CONTRACT FOR POST-DIVORCE SPOUSAL SUPPORT

Alimony and post-divorce spousal support are quite different. In appropriate circumstances, a court may award…