Giner v. Giner

On August 17, 1977, Mrs. Giner (the wife) sought a divorce from Giner (the husband) alleging cruel and abusive treatment. On January 17, 1978, a motion to amend the complaint to allege irretrievable breakdown of the marriage was allowed. On that date, an order was entered that the breakdown indeed was irretrievable. A separation agreement that day worked out by the parties was approved by a probate judge. This agreement was to be incorporated in the absolute decree “but not merged.” See Salvesen v. Salvesen, 370 Mass. 608, 609-610 (1976); Lombard, Family Law § 1263 (1967 & 1979 Supp.). On…