What to do if the terms of a separation agreement and final decree differ?

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What to do if the terms of a separation agreement and final decree differ?

I have been divorced for 14 years. My notarized separation agreement stipulates my ex tis o have a irrevocable whole life insurance policy with my son as beneficiary. However, in my final decree I do not see that clause. Is the requirment still valid since it was notarized in the separation agreement or is he not obligated now since the lawyer then did not transfer that clause to the decree?

Asked on March 21, 2012 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the final divorce decree that you have incorporates by reference the separation agreement which discusses the irrevocable whole life insurance agreement with your son as a beneficiary, then the final decree picks up the insurance policy requirement. If it does not and since it is the final dissolution decree, the final dissoultion decree would seemingly overide the separation agreement since the separation agreement would appear to be a temporary agreement.

I suggest you carefully read both documents that you have written about and then consult with a family law attorney as to any additional questions you may have. I cannot answer your question with any specificity since I do not have the separation agreement and the final decree to read.


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