Reconciliation affecting Settlement Agreements in a Divorce in Maryland

There are circumstances where parties have entered into a settlement agreement resolving the issues of their divorce in Maryland. However the parties then resume their marital relationship only to subsequently separate again. The question arises what happens to their separation agreement and what impact does their reconciliation have on the validity of the agreement.

Maryland case law unequivocally holds that a separation agreement that is more than just a contract of separation and support is not abrogated by the mere resumption of cohabitation. Grossman v. Grossman, 234 Md. 139, 198 A.2d 260 (1964). See also Frana v. Frana, 12 Md.App. 273, 278 A.2d 94 (1971). In Frana this Court articulated the principle:

[A] contract of separation is annulled and avoided, not solely, or necessarily as a matter of law, by a subsequent reconciliation, cohabitation or resumption of the marital relationship, but rather by the intentional renunciation of the agreement which the reconciliation and resumption of marital relations sometimes evidences.
Id. at 284, 278 A.2d 94 quoting 30 C.J. § 847, p. 1065.

As such the court is saying that the fact that you reconcile is not in and of itself an automatic end to the prior agreement rather the reconciliation is evidence that the parties intended to renunciation the agreement.

If you have questions regarding settlement agreements or divorce in Maryland please feel free to call me at 1-888-760-7339. I will answer your questions over the phone at no cost to you.