Rogers v. Rogers

I cannot concur in the conclusion of the majority that

“ * * * the proper procedure now is to reverse and remand so as to afford the parties opportunity to present evidence which might reveal their intention.”

*64Whether the parties intended their contract to create an obligation on the part of the husband to pay alimony seems to me to be immaterial because, even if they had intended to do so, they could not have created such an obligation by their mere agreement. Alimony does not arise from contract but from the judicial judgment which orders the husband to pay it.1

So, regardless of the parties’…