Keller v. O'Brien

Divorce and Separation, Alimony, Modification of judgment. Restitution. MARSHALL, J. Anthony J. Keller appeals from a judgment of the Worcester Probate and Family Court, entered after rescript from this court, Keller v. O'Brien, 420 Mass. 820, 652 N.E.2d 589 (1995) (Keller I), that terminated Keller's alimony obligation to his former wife, Helen M. O'Brien, but denied Keller's request for restitution of alimony payments made to O'Brien after her remarriage. Keller had sought restitution for all payments made after June, 1992, the date that he first applied to modify his alimony obligation. We transferred the case to this court on our own motion and conclude that, in the circumstances of this case, the Judge was correct. We affirm the judgment of the Probate and Family Court.