Is marital separation agreement binding if we reconciled? 15 Answers as of May 20, 2015

My husband and I have been legally separated. He is an alcoholic. I needed to protect my children. We got back together after he promised to go to counseling and to go to AA. He did that for a period but has relapsed. Is our separation agreement still binding?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
That's a very good question, but it's hard to answer. Does the agreement provide for a termination date? Does it make provision for the effects of a reconciliation? Consult a lawyer who can review the document with you, and ask you the kind of detailed questions which are beyond the scope of this site.
Answer Applies to: Wisconsin
Replied: 5/20/2015
The Palme Law Firm, P.A. | Steve Palme
Typically, the parts that have been executed are binding. The parts that remain incomplete are not. For example, if the Agreement said that you would sell the house and split the proceeds, and you did that before you reconciled, you can't make him give back his half of the proceeds. However, if the agreement also said you would sign over the car title to him and that wasn't completed before you reconciled, then it goes out the window. If an attorney drafted it, there is probably a paragraph that deals with reconciliation in the agreement.
Answer Applies to: North Carolina
Replied: 5/20/2015
Law Offices of Lauren H. Kane | Lauren H. Kane
You will have to read the terms of your agreement regarding reconciliation.
Answer Applies to: Pennsylvania
Replied: 5/20/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You have not provided enough facts. ?Did you file for a legal separation or just do an agreement? If you filed a for a legal separation with the court, it is effective until dismissed.
Answer Applies to: California
Replied: 5/20/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
Presumably, yes, but it depends on its content. Regardless, you can dismiss the Petition and thus be free of all orders. Good for you two working things out!
Answer Applies to: California
Replied: 5/20/2015
    Law Office of Barton R. Resnicoff | Barton R. Resnicoff
    The key is how the agreement is drafted, I know that when I draft an agreement, it remains in effect unless and until the parties agree in writing and in the right form to terminate the agreement. While in may not be a separation agreement, it can remain an "opt out" agreement which should accomplish what you seek.
    Answer Applies to: New York
    Replied: 5/20/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    What does it say? Usually they specify what happens in case of reconciliation.
    Answer Applies to: New York
    Replied: 5/19/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    It's binding until there is something in writing that makes it not binding. The real question is whether or not there has been a divorce to go with the separation agreement, because depending on how it was written, it may not be binding until the divorce is final.
    Answer Applies to: Washington
    Replied: 5/19/2015
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    It depends what is in the separation agreement. Did it state that it was binding until a certain time or until reconciliation? ?If not then it may still be binding.
    Answer Applies to: Arizona
    Replied: 5/19/2015
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    If your agreement was court ordered you need to have a court order to lift it or end it.
    Answer Applies to: Nebraska
    Replied: 5/19/2015
    Law Office of Robert E McCall | Robert McCall
    Cannot answer the question without reviewing the documents. Have them reviewed by an attorney.
    Answer Applies to: Florida
    Replied: 5/19/2015
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    It might be, however it is impossible to say without seeing the agreement.
    Answer Applies to: New York
    Replied: 5/19/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would have to review the separation agreement and all of the circumstances prior to forming opinion. I would suggest that you see a family law practitioner, and am sorry about his relapse.
    Answer Applies to: Michigan
    Replied: 5/19/2015
    Diane l. Berger | Diane L. Berger
    If you didn't file or sign anything rescinding the agreement, it should still be good.
    Answer Applies to: Nebraska
    Replied: 5/19/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Your marital separation agreement should still be binding until such time as you both agree, 'in writing', to void the agreement. Good luck.
    Answer Applies to: Florida
    Replied: 5/19/2015
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