Roosevelt

Defendant James Roosevelt (hereinafter defendant) appeals from the judgment of the court below denying his claim to exemption from execution.

On June 8, 1954, defendant and plaintiff Romelle S. Roosevelt (hereinafter plaintiff), who were then married, entered into a written contract entitled “Separation Agreement.” The separation agreement recited the parties’ desire and intent “to settle and adjust, as between themselves, their respective present and future property rights, together with questions pertaining to support and maintenance of Second Party [plaintiff].... ”

By its terms, the agreement obligated the defendant to make monthly payments totaling one-half of his net annual income but not less than $1,150 to the plaintiff “as and for [her] support and maintenance” until her death or remarriage. The agreement further stipulated that “neither [party] will seek a Court modification based upon changed financial circumstances or any other claimed reason, at any future time... . ” On June 23, 1955, the parties obtained an interlocutory judgment of divorce. The judgment of that date includes the following: “The Separation Agreement of the parties dated June 8, 1954,…