Incorporation into divorce judgement


#1

My husband and I have Separation Agreement papers. In the agreement it states this, Incorporation into divorce judgement. The parties agree that no provision of this agreement shall at any time be incorporated or adopted into any court decree, order, or judgement. Does it mean these separation agreement papers are only in effect until our divorce?


#2

If the agreement is not incorporated into the divorce, it can still be enforced under contract law. It is still a valid contract and a violation of it constitutes breach. So, you will need to file a breach of contract action to enforce your separation agreement. Depending on what your agreement says, and the outcome of the case, you may be entitled to have your ex pay your attorney’s fees as well.


#3

So you’re saying it will still be valid and if he doesn’t abide by it after our divorce, I can get him for breach of contract?


#4

Yes, the contract is enforceable and if anything within the contract is not followed, you could file a breach of contract claim.