Sudan v. Sudan

In this suit to enforce a settlement agreement incorporated in a divorce decree, we consider whether there is any evidence that the ex-wife was coerced into relinquishing her rights to future alimony payments. The court of appeals reversed a summary judgment in favor of the ex-husband, concluding there was some evidence that the ex-wife was under economic duress when she gave up her rights. 145 S.W.3d 280, 288. We disagree that there is evidence of economic duress here and accordingly render judgment for the ex-husband. Maggie Mackenzie (formerly Sudan) married Philip P. Sudan in 1978. The Sudans divorced in 1993, and Mackenzie was awarded custody of their two children. In lieu of child support, Sudan agreed to pay Mackenzie alimony until January 1, 2001, to maintain his life insurance on which she was the beneficiary, and to pay off her mortgage. Sudan agreed to pay the alimony in 20 monthly payments of $15,000 beginning May 1, 1993, followed by 12 monthly payments of $13,000, and concluding with 60 monthly payments of $12,000. This agreement was incorporated into the divorce decree.