Separation Agreement Question


#1

I filed for separation from my husband as required by NC law with the intention of filing for divorce after the 1 year waiting period. It has been 2 and a half years and there has been no action taken by either of us to finalize the divorce.
My question is this: At the time of the separation agreement, I was in good health and had a good career. I did not take the 50% as I probably should of, but at the time I was just trying to make it easy on him.
Now, I am disabled and having difficulty working on a continuous basis and facing mounting medical bills etc. Can the separation agreement be modified? I am asking in general, as I know you probably would need to read and know all the details of the Separation agreement. Does moving back into the marital home null the separation agreement?

Thank You.


#2

The separation agreement can be modified by an amended separation agreement, only if both parties agree to the changes. Resuming the martial relationship does not necessarily void the agreement, it depends on the provision regarding reconciliation contained in the agreement.