Difference Between Separation Agreement and Final Judgment

divorce lawyer Kristen BuzzelliQuestion:

My separation agreement states that I will pay for COBRA insurance premiums for my ex-wife, but the support order from the judge does not include this amount.

Am I still responsible for it if it is in the separation agreement but not in the support order?

The separation agreement is clear that she cannot seek to modify the agreement but can I? If I do, will I open the door for her to modify it as well?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am licensed to practice.

Separation agreements are generally incorporated into the final judgment. Therefore, you would be responsible for the insurance premiums.

If spousal support is defined as non-modifiable, or if your judgment has made it non-modifiable, then neither party can request modification.

Otherwise if you file a motion to modify with the court, she will have the opportunity to answer and to file a counter motion to modify if she chooses.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri Divorce Lawyer Kristen M. Buzzelli, contact Cordell & Cordell.

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