Hurd v. Nelson

I dissent from the majority decision which has the effect of awarding a judgment to an ex-wife for a cost which she neither incurred nor paid on an obligation derived from a property-settlement agreement incorporated in a divorce decree.

Increasingly, a dichotomy is being effectuated in the law whereby an agreement in contemplation of divorce assumes a transitory status afforded by no other type of agreement. Care should be taken, or we will have extended the modification attributes of alimony and child support as afforded by statute and case law to property settlement agreements with the…