Thursday, May 31, 2012

Reconciliation Affecting Validity of Separation Agreement in a divorce in Maryland

There are circumstances where parties have separated from one another and or entered into a separation agreement resolving the issues of their marriage, they have subsequently separated, and they have subsequently reunited with one another. The question then arises what happens to the terms of the separation agreement in the event that the parties subsequently separate again for a second time. Maryland law has made clear that the subsequent reconciliation does not automatically terminate the terms of the agreement unless the intent of the parties is demonstrated to be otherwise. Please review 78 A 2d 173. There is case law is not as clear relative to the effect of reconciliation on alimony payments. Those payments made subsequent to agreement are different than those that are arrived at through court order. If you have questions regarding your separation agreement or any other matter affecting divorce in Maryland please feel free to give me a call at 1-888-760-7339. We will answer your questions over the phone at no cost to you.