Barry v. Barry

In May, 1982, a judge of the Probate and Family Court granted the defendant Francis E. Barry (husband) a divorce nisi from the plaintiff Ruth H. Barry (wife) under G. L. c. 208, § IB (1988 ed.), on the ground of an irretrievable breakdown of the marriage. The parties had entered into a separation agreement that provided that it would survive the judgment of divorce and that its provisions for alimony would be forever binding on the parties. That agreement was incorporated in, but not merged into, the judgment of divorce nisi.

In January, 1988, the wife filed a complaint for modification of the…