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eBook details

• Title: Walters v. Walters
• Author : Supreme Court of Illinois
• Release Date : January 24, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

In 1946, a decree was entered by the superior court of Cook County in which the parties to this suit were divorced and the defendant-husband was required to pay to the wife a substantial sum of money over a period of ten years in installments of $267 per month. Subsequently the wife remarried, whereupon the husband refused to make further payments under the decree; the wife filed her petition to show cause citing the defendant for contempt of court and the defendant answered and shortly thereafter sought a modification of the decree absolving him from future payments. The chancellor entered such an order, whereupon the case was appealed to the Appellate Court, First District, and that court reversed the order of the trial court and remanded the case, with directions, in an exhaustive resume of the cases consisting of a majority, a specially concurring, and a dissenting opinion. In so far as possible, we shall avoid a repetition of the statement of facts and the analysis of the authorities as therein set forth in the report of this case (Walters v. Walters, 341 Ill. App. 561), which comes to us upon a certificate of importance granted by the Appellate Court. The controversy arises over the proper interpretation of the divorce decree and the settlement agreement entered into between the parties and which was incorporated in, and made a part of, that decree. The contract, upon which the decree is based, recited that the payments therein provided were made as ""a lump sum property settlement and alimony in gross, in full of her right, title and interest of every kind, nature, character and description whatsoever, in and to the property, income or estate which the husband now owns or may hereafter acquire."" The words ""alimony in gross"" appear here only and in no other place in the contract or in the decree. The husband contends that, upon the wife's remarriage, all right to the installment payments ceased on the theory that the payments constituted ""periodic"" alimony. The wife, on the other hand, contends that this was a property settlement and the Appellate Court so held. The case in the main presents a single question: Was the agreement a property settlement and therefore a vested interest in the wife upon the signing of the decree, or were the provisions thereof alimony subject to modification under section 18 of the Divorce Act? There is an apparent conflict in the cases decided in other courts and by the various Appellate Courts in our own State and, in so far as we are able to learn, this is the first time the precise question has been presented to this court.

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