Gilbert v. Gilbert, 75--44
| Citation | 312 So.2d 511 |
| Decision Date | 29 April 1975 |
| Docket Number | No. 75--44,75--44 |
| Parties | Martha GILBERT, Appellant, v. Robert G. GILBERT, Appellee. |
| Court | Court of Appeal of Florida (US) |
Richard P. Kenney, Miami, for appellant.
Salley, Barns, Pajon & Primm, Miami, for appellee.
Before BARKDULL, C.J., HENDRY, J., and CHARLES CARROLL (Ret.), Associate Judge.
This is an appeal by the defendant below from a post judgment order modifying a settlement agreement entered into by the parties, which the court noted and found to be reasonable in the divorce judgment.
The parties were divorced in Dade County in 1966. Prior to the divorce action they entered into an agreement. Thereby the wife was given custody of the three minor children, and the husband agreed to pay child support of $675 per month ($225 per month for each child until attaining 21 years of age), and to furnish needed medication for the children. The husband agreed to deed the marital home to the wife and transfer to her the title to an automobile. The husband agreed to continue in effect two insurance policies on his life. One, for $50,000, was for the benefit of the children. The other, for $60,000, was for the benefit of the wife. She was made the owner of both policies. No alimony was provided for. The husband agreed that the obligations undertaken by him would continue beyond his death and be chargeable to his estate.
The agreement contained a release by each of the parties from all claims to the property of the other (not otherwise provided for in the agreement), and contained the following provision:
'The Wife accepts the provision herein made for her in lieu of any and all claims arising against the husband for her support and maintenance and with the acknowledgement that such provisions will be satisfactory and reasonable.'
In 1966, a short time after the divorce, the wife remarried. In June of 1974 the wife and her second husband, with the consent of her ex-husband, obtained a judgment by which her second husband adopted the children.
Shortly thereafter the ex-husband filed a petition in the divorce action to modify the judgment by relieving him of his said obligation to continue to maintain the $60,000 life insurance policy for the benefit of the wife. On hearing thereon the court granted the order now on appeal, relieving the husband from paying further premiums on said life insurance policy.
The determinative question here is whether the agreement...
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...effect, payment for a property right, no modification is permitted. Mills v. Mills, 339 So.2d 681 (Fla.1st DCA 1976); Gilbert v. Gilbert, 312 So.2d 511 (Fla.3d DCA 1975). The foregoing analysis leads inevitably to the conclusion that there are no public policy reasons which prevent a party ......
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Eagan v. Eagan
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Woodworth v. Woodworth, 79-365
...that the parties intended this provision to be a property right acquired as a part of the property settlement. Gilbert v. Gilbert, 312 So.2d 511 (Fla. 3d DCA 1975); Sheffield v. Sheffield, 310 So.2d 410 (Fla. 3d DCA 1975); Fowler v. Fowler, 112 So.2d 411 (Fla. 1st DCA The fourth issue is wh......
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