Cohan v. Feuer

Summary

The Massachusetts Supreme Judicial Court held that a stipulation modifying alimony and child support did not obligate a former husband's estate to continue alimony payments after his death. The court concluded that the stipulation's provision that alimony would cease upon the former wife's death or remarriage was insufficient, in the context of a later enforcement proceeding, to overcome the presumption that alimony terminates upon the obligor's death.

Holdings

1. In the specific circumstances of this case, the stipulation's provision that alimony would cease upon the plaintiff's death or remarriage did not create an obligation requiring the decedent's estate to continue paying alimony.
2. An obligation to make periodic alimony payments ends automatically upon the remarriage of the obligee or the death of either party, regardless of the term fixed in the decree or agreement, unless the original decree or agreement, or a legally amended agreement, provides otherwise, or, upon the obligor's death, the court makes written findings that termination would cause substantial injustice because of facts not present in most cases.

Questions Presented

1. Whether the 1982 stipulation, providing that alimony would cease upon the plaintiff's death or remarriage, overcame the general presumption that alimony terminates upon the obligor's death.
2. Whether the stipulation should be interpreted in isolation or in the context of the underlying divorce decrees and the support dispute it was intended to resolve.
3. What rule governs the continuation of periodic alimony after the death of either party.

Disposition

affirmed