SA after divorce


#1

Can the ex spouses complete a separation settlement and consent order after they are divorced?


#2

You lose your right to Equitable Distribution and to pursue an alimony claim after entry of divorce, as the court does not have jurisdiction to decide these issues (or enter orders regardng the disposition) unless the parties to the claim are married.


#3

Right. But if the divorce is finalized, can the parties still elect to finally sign the SA and have it be binding at that point?


#4

It would be as enforceable as any contract between two parties, the trouble is that there may be no incentive for the parties to compromise as they have no recourse in the court system if an agreement cannot be reached.


#5

The reason I ask is that my stbx has not sought any legal advice and is not aware he’d be giving up his right to ED or alimony when our divorce is complete. I am about to file now. I am okay with us finalizing things after the fact, but plan to use it as leverage to make the SA more fair, as at that point he will be able to get only what I choose to give him.


#6

As long as he does not hold legal title to any asset you wish to have you are safe in doing so.