Amend Separation Agreement & Property Settlement

Good day,
My ex and I negotiated a separation agreement & property settlement prior to finalizing the divorce in 2017. This agreement has not been incorporated into any decree order, or judgement of the court. Unfortunately, due to unexpected change of circumstances related to my health and employment, it has become impossible for me to continue to make alimony payments as previously agreed. I sent notice to my ex that circumstances had changed and I would need to ammend our agreement to a lesser amount. She ignored my notice and request and her attorney has sent me notice of specific performance, breach of contract, and wage garnishment. Between the unequal distribution of marital assets(ex recieved 80% of equity of marital residence and 80% of 401k) and post divorce inheritance from parents, ex is no longer as dependent as when divorced. I am trying to only adjust alimony amount for a few years until my ex is able to collect the agreed 50% of my pension. What options do I have and how can I go about amending the agreements?

The only way to amend the separation agreement is by the consent of both you and your ex-wife. It may be possible to see if she would be willing to attend a mediation session to resolve this issue by reaching a middle ground, but unless the separation agreement states otherwise, she would have no obligation to attend a mediation session or otherwise entertain an amendment to the alimony terms.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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