Legal Question in Family Law in North Carolina

Are seperation agreements binding?

My finance has a seperation agreement with her husband and both have signed. There is a matter of back Disability involved and in the seperation agreement she is to get half of the back settlement. He is now saying that he will give her only what he wants her to have. His lawyer also has a copy of the seperation agreement. His lawyer is the one that is suppose to be distributing the money once it is settled.

1. Does the husband have to abid by the seperation agreement?

2. Does his lawyer have to abid by the seperation agreement giving her her part of the money?

Thanks,

Bill


Asked on 7/30/03, 9:09 pm

1 Answer from Attorneys
Jim Griffin The Law Office of James L. Griffin

Re: Are seperation agreements binding?

Separation agreements are in the nature of contracts. You generally cannot breach a contract. Absent a different clause in the actual divorce decree or if the separation agreement was not incorporated into the divorce agreement, he will likely have to abide by the terms of the agreement. In other words, she will likely get half.

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Answered on 7/30/03, 9:54 pm


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