Separation Agreements Null an d Void?


Dear Monika1:

Greetings. Having sex does not make your separation agreement null and void. Reconciliation (which may or may not include having sex) does affect the enforceability of the separation agreement depending on the language of the agreement. When in doubt, take your agreement to an attorney and find out what you need to do. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
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.


If my spouse and I have a separation agreement and we sleep together during our 1 year separation. Does this make our separation agreement null and void. What recourse do I have to start over with a new separation agreement if he does not want to.