Legal Question in Family Law in Virginia
final decree and separation agreements
Under what circumstances will a Judge modify a notorized separation agreement during the final divorce decree? My x-spouse signed off on all rights and interests on my separate property(real estate I owned before the marriage which she did not contribute to during the marriage) and I am selling before the final divorce at a substantial profit. Can a judge give her a monetary award if she cries poverty. She is currently working full time and living with boyfriend. We also have shared custody of child with primary residence with me.
2 Answers from Attorneys
Re: final decree and separation agreements
A judge has no authority to modify the property provisions of a separation agreement. Keep the proceed of sale in a separate account until after the divorce. If it is sufficient to throw off some income, that might be a factor in setting child support, but with you having primary custody, it probably wouldn't be very significant or necessarily advantageous to you.
The court does retain jurisdiction to modify custody, visitation and child support provisions in a separation agreement. If she's living with her boyfriend, a court may well forbid visitation which exposes the child to this adulterous relationship, and could change the form of custody from shared to joint or even sole with you.
Re: final decree and separation agreements
Not to worry! The judge cannot modify the agreement with regard to property EXCEPT the judge can always modify child custody and child support. This will be true until the children reach the age of majority.
That being said, however, rest easy, a judge cannot modify the agreement unless she claims a significant defense such a duress, etc.
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