Seperating AGAIN after 4 yrs, is orig Agreement binding?


#1

My wife and I signed a PROPERTY AND SETTLEMENT AGREEMENT in 2006. After 11 months of living separately we reconciled and I moved back in to the family home. At that time I presented my wife with a document drawn up by my attorney to void the separation agreement (Reconciliation Agreement), but she refused to sign.

Now, four years later, we are separated again. This time with full intent to go through with a divorce. Obviously the value of our home has changed, and other assets have been acquired after the reconciliation.

My wife is claiming that our original property Settlement Agreement still stands and that it represents Equitable Distribution. Is this so? Is there any way to amend it without us mutually drawing up an agreement? Can I get a lawyer and go to court to change the terms or the agreement signed in 2006?

Is there any chance there is a citation I can use to back up your opinion to her?

Thank you very, very much


#2

It depends on what your agreement says with respect to reconciliation, however if it says nothing, any new property, debt, active increases in value in the home or other assets, are martial property and subject to division.