Are marriage separation agreements binding and enforceable?

During your separation, your agreement is a contract between you and your spouse. Once the court approves your divorce, the agreement could be treated in one of two ways:

  • The agreement is incorporated into the divorce decree, and violations are subject to contempt of court.
  • The agreement is not incorporated into the divorce decree. If one party violates it, the other will have to sue to get them to comply.
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