Continued Litigation Possibility


#1

My ex and I have a separation agreement that was not incorporated into our divorce order. If I faithfully follow the provisions of that agreement, and make every alimony payment as required, can she ever bring any action to modify that agreement that a court could decide in her favor?


#2

No, your spouse will not be able file a motion to modify your separation agreement. A separation agreement cannot be modified in court if it is not incorporated into the absolute divorce judgment.

The exception to this would be for child custody and child support, because either party can sue in court for child custody and child support regardless of these terms being in a separation agreement.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thank you for the response…let me ask a couple quick follow up questions. I am expecting my divorce decree by summary judgement some time this week. Is there anything my ex can do without my consent that would result in the separation agreement being incorporated into that divorce order? Are there any situations in the future that could result in a change? For example, what if I leave the state, move in with relatives, get remarried, etc. I am hoping to finally be comfortable that I am once again in control of my own future. Again…thank you!


#4

No, your spouse cannot have the separation agreement incorporated into the absolute divorce judgment by summary judgment unless she specifically asked for that in her complaint or counterclaim for absolute divorce and you did not object to it. Furthermore, separation agreements often have a clause that prevents them from being incorporated into absolute divorce judgments.

Once the absolute divorce judgment has been entered, it cannot later be modified, so the separation agreement can never be incorporated into the divorce judgment unless it was done so at the time the judgment was entered. Leaving the state, moving in with relatives, etc. will not affect the incorporation or non-incorporation of the separation agreement.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.