Seperation agreement enforcement


#1

My husband and I split a few years ago and had a seperation agreement written up and we both signed handling our property, alimony etc. In that agreeement a clause was put in that if we were ever to reconcile and seperate again the agreement would stand as is. We didnt create or purchase any other property or debt between our reconcilation and current seperation except income tax debt which is not mentioned in the prior agreement. (Do I need to mention that somewhere in the divorce complanint? how do I handle making sure this issue is not overlooked…

Also he has all of a sudden deceided after 6 mths of paying it as agreed… refuses to pay the Distributive award amount which was agreed on in the prior agreement. He also has refused to pay any of the alimony as to the prior agreement he swears I dont deserve it and says he will fight the issue.

What do I need to do to have this seperation agreement enforced? Do I include it with the Absoulte Divorce paperwork?

It also says in the agreement that I can file for an absolute Divorce after and year and he cant gripe about it after the one year time period is over. How does that work? I have downlaoded the Self Help set of Document butis it really that easy?

Thank you for your time.


#2

You need to file a breach of contract action to enforce the contract and an equitable distribution claim to deal with the property/debt that was acquired after the reconcillation and not handled by the separation agreement.

You should file the action for equitable distribution before the divorce is granted.