I would like to see an answer to this as well. I have a similar statement in my agreement.
bump… would like an answer please if possible.
Your waiver of alimony and post separation support was valid as of the date the agreement was signed, which means based on the language in the agreement, it would remain in full force and effect. I do not know if it acts as a waiver of your future right to alimony, I need to review the exact language in the agreement to tell you that.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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I am still trying to make heads or tails of what occurred during my mediation hearing last Friday with my attorney and my ex-'s attorney.
Back in 2003, we signed a separation agreement with a waiver of post separation support/alimony with or without divorce. Well, we reconciled in July of the same year and there is a clause under the general provisions of the separation agreement that states the following: “RECONCILIATION: In the event the Husband and Wife end their separation by reconciliation and resume marital cohabitation, the executory provisions of this agreement shall be thereby cancelled and rescinded, but all provisions hereof which have been executed shall continue in full force and effect unless and until they are cancelled or rescinded in a written agreement duly executed by both Husband and Wife. The property transferred and assigned pursuant to the property settlement provisions of this agreement shall remain the separate property of the parties as stated herein.”
Does this clause invalidate the entire separation agreement or just a portion of it? From what my attorney stated, I am NOT entitled to any post separation support or alimony due to the fact that the waiver of post separation support still remains in effect since neither of us executed a written agreement rescinding the clause when we reconciled back in July 03’. Opinions?