Does a separation agreement expire?
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Does a separation agreement expire?
I have been legally separated for 3 years.
Asked on January 27, 2013 under Family Law, New York
Answers:
Darren Shapiro / Law and Mediation Office of Darren M. Shapiro
Answered 11 years ago | Contributor
In New York, typically, separation agreements do not expire. They can be revoked or modified by mutual agreement of the parties. In a few cases, a separation agreement, or parts thereof can be set aside by a court. Reasons to void parts of the agreement or the entire agreement might include, but not be limited to, if it is: void against public policy; obtained by fraud, duress or one party was mentally incapacitated when making the agreement. Matters involving custody and parenting time of children, as agreed to in a separation agreement, should always be reviewed by the court to make sure it is in the childrens' best interests before becoming a part of a divorce judgment. Custody and parenting time agreements can also be modified if there is a substantial change of circumstances and a court determines that it is in the best interests of the children to modify. Give me a call if you want to discuss your situation. It would be my pleasure to speak with you about it.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A separation agreement is a contract between spouses that determines the same issues that would be addressed if they were getting a divorce (e.g. custody, visitation, child support, spousal maintenance, division of property, etc). The agreement is binding on both parties can be enforced through the courts. As to your question, a separation agreement can be for a set length of time if the parties specify. However, a separation agreement is typically without an expiration date (and is eventually merge into a divorce decree).
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