Is separation agreement invalid if not physically separated?

My wife and I signed a separation agreement and dated the day of separation in the beginning of September. In the agreement, she is taking ownership of the residence and I am in the last stages of completing a new home purchase. I have stayed at the current residence while awaiting the new purchase to go through and this should be completed in about 2 more weeks.

Is the fact that I have not physically left the residence we both still reside in, grounds for the separation agreement to be invalid and must we re-sign a new agreement on the date I move out?

Can the current agreement still be valid (either now or in the near future) despite our physical separation not occurring for a few more weeks?

Your separation agreement will likely remain valid. The physical separation needs to happen either contemporaneously with the execution of the separation agreement or as soon thereafter as possible, ideally within 30 days of the execution of the separation agreement.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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