Freidus v. Hartwell

The central issue presented by the former wife on this appeal from a judgment on cross-complaints for contempt is whether she was entitled to contractual attorney’s fees and costs incurred by her in “enforcing” the parties’ separation agreement, which was incorporated in the judgment of divorce nisi but survived the judgment as an independent contract. As we conclude that the judge did not err by failing to award the wife contractual attorney’s fees (or statutory attorney’s fees pursuant to G. L. c. 208, § 38), we affirm the judgment.

*4971. Background. The parties, who were married in 1990,…