Rheuban

The parties to the present appeal formerly were husband and wife. After lengthy negotiations, they entered into a property settlement agreement which provided, inter alia, for periodic payments to the wife. This agreement was approved in the interlocutory decree of divorce and (insofar as herein involved) its provisions were incorporated therein. The final decree of divorce was entered on October 22, 1962. Two days thereafter, defendant remarried and, on October 28, 1962, plaintiff remarried. Although defendant was aware of the remarriage, he continued to make the payments provided for by the agreement and decree until, on August 21, 1963, he filed a motion to modify the payments under one paragraph of the agreement and decree, contending that those payments were in the nature of alimony and that the duty to make them had terminated on plaintiff’s remarriage. Over the objection of plaintiff that the court was without power to modify the provision involved, the trial court granted the motion, substituting a provision for the support of the minor children only. Plaintiff has appealed from the order making the modification.

Neither the moving papers filed in the trial court, the…