Eigenbrode v. Eigenbrode

Thompson, J., delivered the opinion-of the Court. Guyneth N. Eigenbrode appeals from an order of the Circuit Court for Prince George’s County, dated March 20, 1973. By this order, the Chancellor: overruled appellant’s exceptions to the Report of the Master for Domestic Relations Causes; held to be technical alimony the provisions of a voluntary separation agreement dated July 24, 1970, as incorporated into a decree of divorce entered in Nevada on July 30,1970; and reduced the alimony to one dollar ($1) per year. 1 The only question necessary for us to consider is: (1) Does the support provision embodied within the separation agreement between the parties constitute technical alimony? We hold it does not.

After reciting, among other things, “it is the mutual ⁵⁹⁹ desire of the parties hereto to make a permanent, complete and final agreement of all their property and legal rights of every and any nature whatsoever” the agreement further provided in pertinent part: “FIRST: It is hereby expressly agreed that this agreement shall be and is in full settlement of all property rights whether past, present, or future, including all rights to any property of either of said parties as spouse, surviving spouse, heir at law, or otherwise, as against the other.” “FOURTH: The husband hereby agrees to pay to the wife the sum of $275.00 per month beginning July 1,1970, as alimony for the wife, said sum to be increased each month beginning July 1, 1971, and each July 1 thereafter, by one twelfth of the amount computed by multiplying the amount of alimony for the previous year ending June 30 by the percentage of increase, if any, in the Bureau of Labor Statistics cost of living index for said previous year ending June 30. It is understood that such payment will cease upon the remarriage of the wife.” “TENTH: The wife hereby expressly releases said husband, his heirs, executors, administrators, and assigns of and from all claims of every kind to his said estate and the right to claim as wife and former wife, or widow of said husband, or as one who may claim under the husband’s will or estate in the case of death of said husband and does hereby waive any and all rights to administer under the estate of said husband.” To constitute technical alimony, the agreement must provide for (1) periodic payments for the wife’s support, (2) which continue during the joint lives of the parties, (3) so long as they live separate and apart or until the wife ⁶⁰⁰ remarries. Wolfe v. Wolfe, 12 Md. App. 581, 584 , 280 A. 2d 1 (1971). E the agreement does not meet all of the three requirements it is a contractual agreement for support, which the courts are not empowered to modify.

Simpson v. Simpson, 18 Md. App. 626, 631 , 308 A. 2d 410 (1973). In Simpson we cited all the recent Maryland cases and found that if the payments to the wife were not expressly to terminate on her death or remarriage or upon the death of the husband there was little