Your questions about the separation agreement are good ones, and are hard to answer without more information. Here’s the deal, generally, though. A separation agreement is either “integrated” or “nonintegrated”. Simply put, an integrated agreement is one in which the spousal support and property provisions are “linked together”, so to speak, so that one spouse’s duty to pay the other is dependent on the paying spouse getting property in return. With a nonintegrated agreement, generally, reconciliation will end the paying spouse’s obligation to pay future alimony, but will not alter the property provisions. With an integrated agreement, generally, reconciliation will end the alimony obligation and will “nullify” the unexecuted (unperformed) property provisions as well. However, that being said, two things to keep in mind: if the agreement has been fully executed (performed), then reconciliation has no effect, and reconciliation will not end the duty of the paying spouse to pay “past due” alimony, regardless of whether the support and property provisions are integrated or not.
Whether two folks have reconciled or not is a matter of the “totality of circumstances”. Generally, if a husband and wife “hold themselves out” to be married (by, among other things, going out in public together, living together, sharing expenses, and resuming intimacy), then they have reconciled. This will “stop the clock” on the separation, and thus the parties will have to separate again for one full year before either can file for divorce.
Whether to reconcile or not is a tough decision, and it’s really a personal choice. I would suggest to you, though, that liars make bad spouses, and unfaithful liars are worse. Since you have a separation agreement in place, you don’t have to let him come back in your home. If he tries to enter your home, and you don’t want him to, you can have him charged with domestic criminal trespass.
Good luck to you.
David L. McGuire
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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.