Browne v. Browne

Hill, Justice.

In this no-fault divorce case, the wife appeals the granting of the husband’s motion for summary judgment as to the wife’s claim for permanent alimony. The trial court held that the wife’s alimony claim in the divorce case was barred by a final order entered in an earlier separate maintenance action which was resolved by agreement of the parties. That earlier order incorporated the parties’ agreement as to property rights, alimony, maintenance and division of property, including periodic payments of alimony to the wife. The agreement did not provide that in the event either…