My wife and I were separated 5 years ago for 9 months. During that time we had a sep. agreement drafted, and signed and notarized by the both of us. We reconciled for a few years, but now we are separated again (for good this time). Does our reconciliation void the previous agreement?
Specifically there are a couple of clauses I am interested in that deal with Alimony, Modification, and Reconciliation. I believe that:
Alimony has been waived, so neither of us has claim to support from the other
Modifications to the agreement must be in writing (and there have been none)
Reconciliation does not void this agreement
Here is the language from the agreement? Does my interpretation seem correct?
MUTUAL WAIVER. It is the mutual desire of the parties that hereafter they shall each maintain and support themselves separately and independently of the other. Accordingly, and in consideration of the terms of this Agreement, the provisions contained herein for the respective benefit of the parties, and for other good and valuable consideration, the Wife hereby releases and discharges the Husband, absolutely and forever for the rest of her life, from any and all claim or right to receive from the Husband temporary, definite, or indefinite alimony, support, or maintenance for the past, present or future. The Husband hereby releases and discharges the Wife, absolutely and forever for the rest of his life, from any and all claim or right to receive from the Wife temporary, definite, or indefinite alimony, support, or maintenance for the past, present, or future. The Husband acknowledges that this provision has been explained to him and he understands and recognizes that, by the execution of this Agreement, he cannot at any time in the future make any claim against the Wife for alimony, support, or maintenance of any kind whatsoever for himself. The Wife acknowledges that this provision has been explained to her and she understands and recognizes that, by the execution of this Agreement, she cannot at any time in the future make any claim against the Husband for alimony, support, or maintenance of any kind whatsoever for herself.
The parties at any time may, by mutual consent, amend or modify the terms of this Agreement, provided that any modification or waiver of any of the terms of this Agreement shall not be effective unless in writing and executed with the same formality as this Agreement.
Reconciliation:The parties recognize the possibility of reconciliation. It is their intention that a reconciliation, temporary or permanent, or a further separation after any reconciliation, shall in no way abrogate or affect the provisions of this Agreement having to do with the settlement and disposition of the property rights of the parties and their respective realty and personality, as set forth herein.