Separation agreement


#1


#2

If alimony is contained in an SA it is not modifiable per the agreement, it will not be modifiable as per the intent of the parties.


#3

So, even if it is contained in a consent order AND is therefore enforceable through contempt or other court remedy, it still can’t be modified by the court? I don’t understand how it CAN be enforced by the court as a consent order but yet NOT modifiable by the court. How does the court have the ability to do one and not the other? Can you help me understand?


#4

It is because the parties agreed that alimony would be non- modifiable, and the court will uphold that intent.


#5


#6

The court will enforce the termination provisions as they are written in the incorporated agreement.


#7


#8

I am not sure why there are two documents, but the Order would prevail.


#9

Thank you for your responses and the service you provide through this site.


#10

You are most welcome, I wish you the very best.