112 N.J. Eq. 114 | N.J. Ct. of Ch. | 1932
This is a controversy over alimony. The petitioner, in 1926, obtained in this court a final decree of divorce from the defendant. No provision for alimony was contained in the final decree or in the decree nisi. Five years later, petitioner gave notice to defendant that she would apply to the court for an order for alimony. Thereupon, the parties reached an agreement for alimony in gross. The agreement was submitted to the court and resulted in an order which recited: "It appearing to the court that the provisions of the said agreement are for the benefit of the petitioner and should be approved," and which directed defendant to pay petitioner the agreed sum "in full for all alimony, temporary and permanent, support and maintenance, past, present or future." The money was promptly paid.
Now petitioner renews her application for alimony. She does not allege that the agreement and the order entered *115
thereon were obtained by fraud or were the fruit of mistake. She relies on Baumgarten v. Baumgarten,
In Sobel v. Sobel,
From these two cases can be gathered the law on the subject. An order of chancery approving a settlement between the parties to a divorce suit, for alimony in gross, concludes the wife as well as the husband, when the order is based on a finding by the court that the settlement is for her benefit. The order in the instant case contains a recital of such a finding by the court and therefore concludes petitioner. Her present application will be denied. *116