Gottsegen v. Gottsegen

In part one of its opinion, the court has, in my view, completely ignored the intent of the parties — as expressed in their separation agreement, and elevated form over substance to sustain its holding. In doing so, the court has irredeemably overruled Bell without forthrightly admitting it. I dissent.

I agree with the premise that a court is to follow G. L. c. 208, § 34 (1984 ed.), in awarding alimony. I also agree that a judge may not order alimony terminated because of the cohabitation of a former spouse with a member of the opposite sex, without more. Ante at 625. However, neither issue…