I was granted an absolute divorce today which only incorporated child custody and child support terms in the final decree. Other terms like alimony and property division were established only on the separation agreement. My ex husband’s lawyer states he understood this was our request, but actually we wanted all terms to be incorporated instead. How can this affect our rights in the future? Is there a way to request all terms to be incorporated later on? I am not sure if leaving such terms separate from our divorce decree was in my/our best interest.
Not having the alimony and equitable distribution terms incorporated into the divorce judgment means that they will remain as contract terms between you and your ex-husband and they will not be made into a court order.
All this means is that if one of your violates a provision for alimony or equitable distribution in the separation agreement, then your remedy is a breach of contract lawsuit instead of a contempt/show cause motion.
Additionally for alimony, the terms are non-modifiable in a separation agreement vs. if they were incorporated into a court order, alimony could be modifiable by either party.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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