Ivey v. Ivey

Hill, Justice,

concurring.

Based upon the precedents cited, particularly Harrison v. Harrison, 228 Ga. 564 (186 SE2d 884) and Dimon v. Dimon, 231 Ga. 750 (204 SE2d 148), I concur in the decision of the court.

For myself, before finding a waiver of the statutory right to modify an alimony judgment (Code Ann. § 30-220), I would prefer an express waiver of the right to modify the agreement and of the right to petition to modify the judgment, such as was present in Steffner v. Steffner, 228 Ga. 189 (184 SE2d 575).

However, other decisions (including this one) hold that an express waiver of the right to modify is not essential; such waiver may arise from the general terms of the agreement.

In view of the fact that general provisions may result in a waiver of the right to modify, prudent counsel may want to provide specifically that the right to modify is expressly waived, or expressly preserved. Such specific provision would clarify the rights of the parties and would avoid subsequent litigation.