Seperation Agreement


#1

In 2007 me and my husband separated for a few months we had a separation agreement with his lawyer made up. I couldn’t afford a lawyer due to fact I have been a housewife for the length of the marriage to our six kids. But anyway since he made six figures and I made none I thought that giving him the house would be best since I had no means of paying for anything. There were some things in the agreement that I was suppose to get but after a few months we got back together and the only thing left in the original separation agreement is the house and in 2013 he basically put me out the house had a lawyer send me a letter stating if I came to the house I would be arrested. We stayed together 6 years after the original agreement. I’m not sure what to do at this point. We have been married for 27 years and I’m only 43. I just need some advice some help or something


#2

Reconciliation renders a separation agreement invalid. So, as soon as your and your husband got back together the separation agreement you previously signed was no longer enforceable. At this point you are starting new with regard to your divorce proceedings. You can either renegotiate a new separation agreement, or you can always file motions with regard to custody, alimony, child support, and property division.


#3

By the way my previous response assumed there was a reconciliation clause in your agreement. When spouses reconcile after executing a separation agreement there are several things that can happen. The impact of reconciliation on the enforceability of your separation agreement will largely depend on the language in your separation agreement, and whether there is a clause that specifically addresses what happens in the event of reconciliation.

One result of reconciliation can be that all of the executory portions of the agreement are terminated. Executory duties are those that haven’t yet been performed. Or, it may only terminate certain executory portions. Alternatively, the language in the agreement might indicate that a reconciliation only suspends performance of the agreement and once you separate again the separation agreement is enforceable.

I would suggest you start by looking at the language of the agreement and see if and how reconciliation is handled.