Vaughn v. Vaughn

BARNARD, P. J. By his complaint filed on March 1, 1946, the plaintiff asked for a divorce from the defendant on the ground of cruelty. The defendant answered, and also filed a cross-complaint asking for separate maintenance, and also that the court approve a contract made by the plaintiff and, in accordance therewith, award her the sum of $125 a month for her support and maintenance.

It appears that the plaintiff received a salary of $450 per month as manager of a certain corporation, plus 5 per cent of the profits made by the corporation, with $85 per month in addition for automobile expenses. The parties had aecu[214]mulated community property consisting of certain stock in this corporation, household furniture, an automobile, and a few United States bonds.

At the trial, although present in court, the defendant offered no‘evidence in support of her cross-complaint other than by cross-examination of the plaintiff and by introducing into evidence a contract dated February 25, 1945, signed by the defendant, in which he agreed to pay her $125 per month “until she remarrys or by witness of law has any immoral clandestine relations or affairs,” and in which he agreed to keep certain life insurance policies in effect for her benefit.

The court found in favor of the plaintiff on the allegations of cruelty set forth in his complaint, and further found that on February 25, 1945, the plaintiff had entered into a written agreement by which he was required to pay $125 per month to the defendant. As conclusions of law it was found, among other things, that the plaintiff should be required to pay to the defendant $125 per month until she remarries, that the life insurance policies mentioned in the agreement should be kept in force by plaintiff for the benefit of the defendant, and that the community property of the parties should be divided by awarding the corporate stock to the plaintiff and the household furniture and war bonds to the defendant. An interlocutory decree was entered to this effect, with the provision that the plaintiff should be entitled to a divorce. The plaintiff filed notice of appeal from that part of the judgment which ordered him to pay $125 per month to the defendant until she remarries and which provides that he shall keep certain life insurance policies in effect for her benefit. However, in his brief, this appeal is presented on the sole issue that he was entitled to a divorce without the requirement that he pay to the defendant the sum of $125 per month, or any other sum, for her support and maintenance, and that the making of such an award to her was illegal and void.