So back in May my soon to be ex-husband and I have a separation agreement signed and notarized by both of us. However, we didn’t file it through court so it isn’t a court order it’s just a civil agreement I guess. My question is how can I may our separation agreement part of the final divorce order? In the divorce paperwork there’s a line that says once signed I waive all rights to equitable distribution. We’ve already done everything agreed upon except him setting up the QDRO so I’m just wondering how I make that happen?
Your separation agreement does not need to be filed with the courts. It is still enforceable and binding as a contract. You can incorporate your separation agreement into a court order (assuming there is not a “no incorporation” clause) which will transform the separation agreement from a contract (enforceable by breach of contract lawsuit) to a court order (enforceable by contempt of court). In fact, most separation agreements are no incorporated into the divorce judgment in order to allow for the details of the divorce settlement to remain private between the parties rather than making them public record in the court file.
If you want to incorporate the separation agreement into the divorce judgment, you would need to specifically ask for that in the complaint for absolute divorce and reference and attach the full separation agreement as an exhibit to the complaint.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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