Gunter v. Gunter

Although the separation agreement between the parties dated March 13, 1973, did not expressly provide that it should survive the entry of a decree in any divorce proceedings which might thereafter be instituted, we think it did so by implication when it provided that the stipulated monthly payments by the husband should “continue until the death or remarriage of... [the] wife” (emphasis supplied). See and compare Whitney v. Whitney, 316 Mass. 367, 370-371 (1944); Freeman v. Sieve, 323 Mass. 652, 656 (1949); Hills v. Shearer, 355 Mass. 405, 408-409 (1969); Surabian v. Surabian, 362 Mass. 342,…