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McCARTHY v. McCARTHY

No. 93-P-933.

36 Mass. App. Ct. 490 (1994)

633 N.E.2d 405

MARILYN L. McCARTHY vs. WILLIAM E. McCARTHY.

Appeals Court of Massachusetts, Hampden.

May 18, 1994.

Attorney(s) appearing for the Case

Charles F. Ksieniewicz, for William E. McCarthy, submitted a brief.

Present: PERRETTA, KASS, & PORADA, JJ.

KASS, J.

When, as here, the parties have entered into a marital separation agreement which, by its terms, is to survive with independent legal significance an anticipated divorce judgment, something more than a material change in circumstances must be established in order to vary the economic terms on which the divorcing parties have agreed. Knox v. Remick, 371 Mass. 433, 436-437 (1976). Stansel v. Stansel...

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