My soon-to-be-ex-wife and I signed a marital settlement agreement that she would not request alimony if she is hired for a job in her chosen field before we officially file for divorce in a few months.
If she gets a job with a good pay, will the judge honor our separation agreement of no alimony will be paid by either party?
Since I am only licensed to practice law in Wisconsin, I can only provide you with general divorce help for men to your divorce laws question.
In general, courts may not enforce any agreement between parties to a divorce unless, at the time of hearing, the parties demonstrate they freely and voluntarily agree to the provisions.
Unlike typical contract law, promises made by parties and even signed as agreements during a divorce are not binding unless approved by the court. The court exercises jurisdiction over every element of the divorce (i.e. child custody, parenting time, property division, etc.) and the parties cannot supersede that authority by agreement.
Parties are encouraged to enter into comprehensive marital settlement agreements to amicably resolve the action and avoid trial. However, a marital settlement agreement is merely a manifestation of the parties’ wishes and the court may or may not approve its contents.
In most cases, a court will adopt agreements by parties into its final orders but will not bind a party to a past agreement if he or she does not still agree at the hearing.
We’re Agreeing On Everything:
Usually, even when the parties wish to complete their divorce action pro se, it is still recommended to at least have a mens divorce attorney review your marital settlement agreement before presenting it to the court for approval.
Divorce lawyers know where the problem areas usually arise and can help parties avoid returning to court on a later date because their agreement is ambiguous or they neglected to include critical information.
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.