Colarusso v. Teachers' Retirement Board

In 1972 Fiorindo Colarusso (Fiorindo) went with Frieda Crory (Frieda) from Massachusetts to Nevada, obtained a divorce from Marie Eveline Colarusso *471(Marie), married Frieda and returned with her to Massachusetts. Fiorindo died in 1974, and both Frieda and Marie claimed certain retirement benefits as his surviving spouse. After trial without a jury in the Superior Court, the judge ruled that the Nevada divorce was invalid under G. L. c. 208, § 39, and that Marie is the "lawful spouse” under G. L. c. 32, § 12 (2), Option (d). We uphold the conclusion that the divorce was invalid, since Fiorindo…