Baumler v. Baumler

This is a divorce case. We affirm.

The first issue is whether a separation agreement in contemplation of divorce is binding upon the court in entering its judgment in an action for divorce between the parties thereto.

The answer to the issue is "No." The matter of alimony allowance in favor of the wife is a matter addressed to the discretion of the court. Pope v. Pope, 268 Ala. 513,109 So.2d 521 (1958). The court is not bound by an agreement of the parties, but may adopt or reject such parts of it as it may deem proper from the situation of the parties as shown by the evidence. Williams v.…