Same Residence

Dear Msgagiii:

Greetings. No, you cannot enter into a separation agreement and continue to live in the same domicile. For a separation agreement to be valid, the parties must be separated, separate contemporaneously with the separation agreement, or separate shortly (days not months) after signing it. Since you cannot do this, the second question is moot. Best of luck with the finances and moving on with your lives!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Is it possible for a husband and wife to enter into a seperation agreement which allows them to reside at the same residence in seperate bedrooms due to financial issues? Is it assumed or required to be stated in the agreement that the couple will not have sexual relations during the seperation if they reside in the same residence?