Court of Civil Appeals of Alabama August 1, 2003, 2020122 (D.L.J. v. B.R.J.)

MURDOCK, Judge,

dissenting.

I respectfully dissent.

I first note that our caselaw has always provided that a property division or an alimony in gross award, being final, non-modifiable settlements, are not available to the court in the granting of- a legal separation to the parties. E.g., Mullins v. Mullins, 416 So.2d 1063 (Ala.Civ.App.1982). *249In McLendon v. McLendon, 277 Ala. 323, 169 So.