My current husband is refusing to sign a separation agreement that has the clause: Release of Claims and Rights Against Third Party. This is not an issue now, but may be in the future. He has already threatened to sue friends of mine that he suspects an affair. Is there any alternative clauses to put in the separation agreement that will protect potential boyfriends/ partners in the future pre-divorce? Of course the first clause in the agreement is: Separation. In that paragraph it states that we are free from each other as though we each were “sole and unmarried; each of the said parties shall have the right to reside at such place or places, and with such person or persons as he or she may desire or deem fit.” Guess I am a bit confused. Does that mean that I can date but not have sexual relations with another party?
If your husband refuses to sign an agreement that includes that provision, then it’s obvious that he wants to preserve his right to sue any potential paramours. Of course he can’t just frivolously file law suits alleging an affair, there has to be some factual basis if he pursues the suit. Now keep in mind that he would be unsuccessful in suing any post-date-of-separation boyfriends. He couldn’t sue a new boyfriend for alienation of affection because you are separated. But, if he can prove that the affair begun before you separated, that is a different story.
That being said, adultery is still a crime in North Carolina. So, having sex with a person that is not your husband before you are legally divorced is a crime you can be prosecuted for. I have never seen this crime prosecuted, but it is still a valid law on our books.