False reconcilliation to void sep agreement


#1

I’ve been looking for an “answer” to this one and the only thing I could find was about the property settlement in a separation agreement. The courts no longer void that part of it because of reconcilitation. If you had an attorney draw up your separation agreement, I would discuss this with him/her or look through your agreement to see if there says anything specific about reconciliation voiding all agreements…may be that if there’s no specific notation, you could argue that it’s a contract and cannot be voided unless specified. Hopefully an attorney will answer this, because I’d be interested to know this also…
Seems like there was another who asked this same type of question but I can not remember what the answer was.


#2

Because the period of time that the two of you lived together after the execution of the Agreement was so short and his intentions were not the same as yours, you may not be considered to have reconciled.

If he does not intend to follow the Agreement, you will need to sue him for Breach of Contract, at that time the court will determine if a reconciliation has taken place, if they say it has not they will order him to pay the alimony.

This issue could be affected by what it specifically says you in your agreement regarding reconciliation.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

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Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
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ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#3

My spouse came to me begging that we reconcile our marriage of 11 years. We recently signed our separation agreement and it was to my favor financially. With lack of better judgement and thinking with my heart, I told him I wanted us to work things out. He has stayed at my home for the last 10 days and he has purchased a motorcycle in the process without my blessing. Now, he says he no longer wants to work things out and is not happy. However, he made it a point to let me know that the alimony amount designated within our agreement is not fair to him and that he doesn’t have to uphold it since I let him back in the house. I feel that this was a calculated plan on his part with the sole purpose of voiding our agreement. The woman he had the affair with mentioned to her husband a few days ago that the only reason he came back was to get his money and not for me. Having said that, am I protected at all since this was not a true reconcilliation and we are now back living seperate and apart?