Separation and Support Agreements

Question 1

Validity of Separation and Support Agreements

Answer 1

• Courts will generally accept these agreements and they will be enforceable and valid as long as:
  
  • they are voluntarily made
  • All prereqs for any contract are present

Question 2

Agreement Merged into Decree

Answer 2

• When the divorce is actually granted, the terms of such agreements are generally incorporated into and made part of the decree
  
  • Can be enforced only by remedies available for enforcement of judgments, which include wage attachment and contempt proceedings
• By default the agreement is deemed merged into the decree and is not enforceable as a contract obligation

Question 3

Modifying the Agreement

Answer 3

cannot be modified except provisions fixing child support and custody, where the court has an inherent power of modification in cases of changed circumstances