Sloan
Sloan v. Mitchell
Opinion
Opinion
Jefferson, J.
Plaintiff Eugene Sloan brought this action for declaratory relief, seeking a determination that a certain obligation, incurred by him pursuant to a marital settlement between himself and his ex-wife Vera, the defendant herein, was an obligation subject to discharge in bankruptcy. The trial court found the obligation constituted spousal support; that it did not terminate upon the remarriage of Vera; and that it was not discharge-able in bankruptcy. Plaintiff has appealed the judgment.
Eugene and Vera Sloan separated in 1958, after 18 years of marriage; there were no minor children. At that time, Eugene was employed as a commercial airlines pilot, grossing $1,800 per month. The parties entered into an agreement entitled “Property Settlement Agreement” on May 19, 1958; it was thereafter incorporated into the interlocutory decree granted Vera on June 12, 1958.
Article 6 of that agreement provides: “That in consideration of the years of married life, to-wit: eighteen (18) years, between the parties hereto, the husband hereby agrees to pay to said wife, Vera L. Sloan, the sum of Five Hundred ($500.00) Dollars per month for the remainder of their joint lives. Said payments…