BARRY v. BARRY


409 Mass. 727 (1991)

569 N.E.2d 393

RUTH H. BARRY vs. FRANCIS E. BARRY.

Supreme Judicial Court of Massachusetts, Essex.

April 9, 1991.


Attorney(s) appearing for the Case

Jack L. Altshuler (Dennis P. Derrick with him) for Francis E. Barry.

Louis J. Muggeo for Ruth H. Barry.

Debra Rahmin Silberstein, for Older Women's League of Greater Boston, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, NOLAN, O'CONNOR & GREANEY, JJ.


WILKINS, J.

In May, 1982, a judge of the Probate and Family Court granted the defendant Francis E. Barry (husband) a divorce nisi from the plaintiff Ruth H. Barry (wife) under G.L.c. 208, § 1B (1988 ed.), on the ground of an irretrievable breakdown of the marriage. The parties had entered into a separation agreement that provided that it would survive the judgment of divorce and that its provisions for alimony would...

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