Pavluvcik v. Sullivan

This case, before us pursuant to a reservation and report by a judge of a Probate Court (G. L. c. 215, § 13), concerns the effect on a separation agreement of the death of one of the two parties seeking a divorce under the provisions of G. L. c. 208, § 1A, where the death occurred after the agree ment was executed by the parties and approved by a judge and before entry of a judgment nisi. We rule that, in the circumstances, the surviving spouse remained bound by the provisions of the separation agreement.

The couple in question last lived together on February 27, 1981. A complaint for divorce…