Moore v. Moore

Margaret F. Moore brought a contract action in a District Court against her former husband, John L. Moore, to recover payments owed to her under their written separation agreement. The separation agreement states that it shall survive the divorce decree entered by the Probate Court. The issue presented is whether that agreement can be enforced apart from the decree, despite language in the decree to the contrary. We decide that the agreement may be enforced independently only if there is a judicial modification of the decree. Pursuant to our equitable powers under G. L. c. 211, § 3, we order…