Please explain this (Breach of SA)?

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.”

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


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.