Courtenay v. Wilhoit

PAXTON, Judge:

The single issue presented for determination is whether a decree of dissolution of marriage, which incorporates by reference a separation agreement providing for payment of a fixed sum of money in periodic payments, requires interest to be paid on the fixed-sum where the agreement and decree are silent on the issue. The trial court concluded that the fixed-sum does not bear interest. We affirm.

Mary Ann Courtenay and her then-husband, Dr. Jack Wilhoit, entered into an amended separation agreement on June 15, 1978, in which all of their marital and property rights were settled.…