Legal definition of reconciliation during separation

North Carolina Divorce Law Divorce and Separation Answers
1

Thanks for responding.

My husband and I have been legally separated since July. We have a separation agreement/property settlement that was signed shortly after our separation that includes a monthly alimony payment for the next 5 years.

We have recently begun discussing the possibility of reconciliation, but with no formal plans to actually cohabitate in the traditional sense since he is in the military and stationed in another state with a separate residence. (During our marriage, we never actually lived together in the traditional sense but we did buy a house together which he signed a quitclaim deed for and I refinanced shortly after our separation). Our separation agreement states that the division of property will remain in full effect even if we reconcile unless we both enter into a legal document stating otherwise.

So, my question then is about the alimony. What is the legal definition of “reconciliation” that would indicate he is no longer legally required to pay me alimony? In our agreement, it states that he will pay me alimony until July of 2016, until one of us dies, until I sell this house, or until I cohabitate/remarry.

I am just trying to continue to look out for my best interest here as we begin talking about the possibility of saving our marriage. Thanks for any advice.

2

Alimony will cease if and when you resume your marital relationship as it existed prior to your initial separation.

3

Thank you.

Would a reconciliation agreement protect the alimony if it were written stating that alimony would resume if a subsequent separation takes place?

4

Yes, a post nuptial agreement that outlines alimony (so long as it is not a waiver of the same) is enforceable.