Settlement Agreement Regarding Alimony
A property settlement agreement which stated that “it is agreed that the payment as heretofore provided of alimony in the amount, of $550 per month will in no way be effected or amended because of an increase in income to either party,” did not divest the court of its power to modify its decree under former section 18 of the Divorce Act, but simply precluded consideration of income in determining whether a change in circumstances had occurred and, such a limiting provision could not be against public policy, because by agreeing on a waiver of alimony or property settlement in lieu of alimony, the parties could have eliminated alimony completely and permanently from the court’s consideration.
