Davis v. Davi

268 A.2d 515 (1970)

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Nature of the Case

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Facts

H and W eventually separated and divorced and worked out an agreement for splitting their property and recited W's waiver of permanent alimony and a payment of her of $250 per month for a year and payment to her of child support of $150 per month until majority with a reduction of $100 per month if W remarried. H's complaint recited the agreement and prayed that it be incorporated into the divorce decree. W's answer admitted the existence of the agreement but claimed it was void for overreaching. H entered evidence that W has claimed she did not believe in alimony and was gainfully employed and agreed to what was prayed for until a few months prior to the termination date. W claimed H used economic coercion to force the terms but could point to no overt acts or threats and admitted that she had taken money from a joint checking account to pay for her support during separation. W admitted that H showed good faith and consideration towards her and was amazingly civil during the entire time. The trial court granted the divorce but found that W had not entered into the agreement in an intelligent and informed manner and that it was an unwise and unfair agreement. H was ordered to pay $250 per month permanent alimony and $150 per month child support until majority. H appealed.