Separation Agreement not Incorporated into Divorce


A separation agreement is a contract. If your husband has breached it, your remedy is a breach of contract action. The contract, assuming there are no problems with its validity, survives the divorce judgment.

David L. McGuire
The Rosen Law Firm
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.

I have been divorced for 2 years, we have 1 child which is now 18 yrs old. Ex-husband has breached separation agreement over and over. How binding is the agreement? Is it only valid until the divorce is final? -OR- Does agreement for college costs and who claims dependants for taxes still stand? The agreement was not incorporated into the divorce. Any help appreciated.