Is the legal agreement regarding spousal support and division of assets that was agreed upon and signed for separate maintenance, binding if we decide to divorce or do we renegotiate?

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Is the legal agreement regarding spousal support and division of assets that was agreed upon and signed for separate maintenance, binding if we decide to divorce or do we renegotiate?

My wife and I are filing for separate maintenance because she is hoping to reconcile. I know that I’m going to want to file for divorce after the separate maintenance but agreed to do this as a means to get her to negotiate with me and make some decisions under less emotional circumstances. Will that agreement just carry over or will we need to start over and renegotiate?

Asked on December 14, 2017 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Agreements between separating or divorcing parties are contracts.  If you are entering the contract under false pretneses then there is never really a "meeting of the minds" and she could try and have the agreement set aside.  It could be considered fraudulent inducement.  


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