Please explain this (Breach of SA)?


#1

From the rosen dot com articale title: (Breach and Enforcement of Separation Agreements in North Carolina)

“If the separation agreement bars support and alimony and the party relieved of alimony payments commits a material breach of the agreement, the plaintiff can “rescind” the separation agreement and seek support or alimony.”


#2

Also does that apply before or after the divorce is final?

Thanks


#3

The question is whether the breach you are dealing with is a material breach. Out of context of a specific fact pattern, it’s difficult to explain the sentence any more.

If the rescission occurs after a divorce is final, you will not have the right to seek claims of alimony and equitable distribution if you do not already have those claims pending in court.