Adultery vs irreconcileable diff's. and two more


#1

Hi,
My wife is set on an online created seperation aggreement. With me being the primary caregiver and staying with the children in the home, things actually are quite favorable to me. I believe everything to maintain the family should be equally shared even though my wife feels she needs to leave.

first question, she says finances should have nothing to do with her ability to rent and apt close by and be on her own. There is no money to do this. I don’t want my family to be destitute and even splitting everything, we would be in deficit. Is there anything to put in an agreement to provide that she doesn’t put her family at financial risk?

2nd question. Where we answer the reason for separation, she has put “irreconcileable differences”. I personally feel that if we do not reconcile, the real reason for me would be her infidelity and thus I think the reason for the separation is "adultery"
Does it make a difference what answer is given?

Third question. She has aggreed to putting in the document a no contact claus concerning the other man and that contacting him would void agreement. Would that have legal standing?

Thank you for what you do.


#2

If the separation agreement handles all financial matters, she should not be able to put you at financial risk any longer. If you will be paying alimony and you are concerned that she may seek more alimony, you may want to consider making that provision non-modifiable.

It does not matter what is listed as the reason for the separation in the separation agreement.

On it’s face, the provision would be enforceable, but if she challenges it, whether the contract is voided would be up to a judge to decide. I think the more important question is what do you gain by voiding the contract at a later date? If you are pleased with the provisions contained therein, why would you want this? If she decides that she doesn’t like the agreement any longer, she could make contact with this man, and then tell you about it, and claim the contract is void and bring suit for equitable distribution, alimony, etc. Wouldn’t it be best to handle all matters in the agreement and not have to be concerned with this happening?