Legal Question in Family Law in Florida

Changing a seperation agreement before a divorce

I have been married for 23 years and during the last 5-7 years or so we drifted apart from each other. During this time I got involved with someone else and decided to separate from my wife, For a lot of reasons that she understands now she just never spent enough time with me. She felt that work was more important than quality time with me and it did effect our relationship. Also during this time I wanted to have a child and although she tried everything she could'nt have one, which may have effected our relationship as well. The problem now is that i felt so guilty because of wanting to separate that during our legal separation and on the Marital Settlement Agreement I gave her most everything!!! Out of the three homes we own, our marital home is worth 800K and the other two are worth 300K and 200K respectively, I took the 200K one. I know that I should have pushed for more but She wanted everything and I felt so guilty that I gave her most of it. Now we have been separated for over a year I just dont think that it is fair. I also pay her alimony of $1200 a month. Her income is not enough to pay for everything! If I decide to divorce do I have the ability to contest the seperation Agreement before the Divorce and re-negotiate?


Asked on 5/31/08, 5:40 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Changing a seperation agreement before a divorce

There is a principal of Florida family law that says, essentially, everybody has the right to make a bad deal. You've made a bad deal. Unless she had a gun to your head (literally, not figuratively) when you signed the settlement agreement, you're stuck with it. If there ever is a next time, get a lawyer before you sign.

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Answered on 6/01/08, 10:43 am


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