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:
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Alimony has been waived, so neither of us has claim to support from the other
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Modifications to the agreement must be in writing (and there have been none)
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Reconciliation does not void this agreement
Here is the language from the agreement? Does my interpretation seem correct?
Thanks!
RH
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Alimony:
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.
Modification:
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.
The reconciliation clause is effective as to the property that was distributed in the first agreement, however any property acquired in the last 5 years is martial and subject to division.
The plain language of the agreement indicates that there is no further claim to alimony however, my interpretation of the alimony waiver is that it is ineffective, you cannot waive alimony in a post nuptial agreement (the separation agreement essentially became a post nuptial agreement after you reconciled).
Bummer x 2… I thought I had the solution when I found my copy of that agreement… If she has moved out into a new state (SC) what state’s laws govern how our separation and divorce will ultimately play out. (I realize that this agreement will probably stay bound by NC law but if it is void now I am wondering what to do moving forward)
Is there any wiggle room in determining that this agreement is a Post Nuptial agreement rather than an old separation agreement where it just took a long time to finally get to the final separation part?
Thanks
RH
There is always an argument in support of either side. I wish you the best.