Honoring Prenuptial Commitments Prior To Separating


#1

My wife and I drafted a prenuptial agreement before being married. In the agreement are all sorts of responsibilities we each have to do prior to certain dates. For example, I have to name her the beneficiary of my life insurance policy on or before our 5th anniversary.

So here’s the tricky part: We are planning to separate but currently live together as we are still fighting tooth and nail about the separation agreement (as well as who should move out). And since our 5th anniversary is just around the corner, it’s clear we aren’t going to be separated prior to that date.

So are we each still repsonsible for those obligations, even though we are planning to separate? It’s seems absurd to me that I have to go and do it but at the same time I don’t want to be accused of breech of contract. If I blew it off, would there be any serious ramifications, or would the judge just shrug his shoulders and say it’s no big deal?


#2

You are obligated to perform under the contract as written, but will want to negotiate to change the insurance provisions in the separation agreement.