Hathcock v. Hathcock

The parties were divorced in 1975 and a settlement agreement was. incorporated into the decree. In 1979, the former husband brought a petition under Code Ann. § 30-220 (b) seeking to modify his alimony payments based on the former wife’s alleged voluntary cohabitation with a third party of the opposite sex. Wife moved for summary judgment which was denied. On appeal, she alleges four reasons that the trial judge should have granted summary judgment.

*2341. Wife first contends that both parties to the settlement agreement waived all rights to future modification of alimony payments. “ ‘Waiver is a…