Is an SA always in lieu of ED?


#1

Thanks for recent answer-- I’m still unclear (I thought I read that someone did this–) as to whether a married couple can sign an SA with the contingency that ED and/or alimony be deferred to a court hearing at a later date, with everything else being addressed by the SA (CS/CC, etc.). If possible, this would allow the year-and-a-day clock to start ticking (since the couple couldn’t agree to the property or alimony distribution anyway), as they would physically separate at when the SA was signed.

                                                                                                                thanks

#2

You may address different issues in an SA and leave the rest open for determination by the court so long as waivers are not included with respect to the claims you seek to pursue later.

The year and a day clock starts ticking when the parties begin living in separate residences regardless of whether or not an SA is signed or a claim of any sort filed.