Hamilton v. Hamilton

MITCHELL, Judge.

The central issue presented by this appeal is whether the decree of absolute divorce, granted to the defendant in the prior separate hearing on his counterclaim, can be pled as a bar to the judgment awarding alimony in the subsequent hearing on the plaintiffs claim which initiated the action. We hold that it cannot.

The defendant appellant contends that the trial court erred in concluding that the plaintiff was the “dependent spouse” and the defendant the “supporting spouse.” He further contends that, after the judgment of absolute divorce, the parties could not have been…