Separation Agreement Statute of Limitations: What You Need to Know
A separation agreement is a legal document that sets forth the terms of a separation or divorce between two parties. It covers issues such as property division, spousal support, child custody, and visitation. A separation agreement may be filed with the court, but it is not a court order. Rather, it is a contract between the parties that is legally binding.
One important thing to keep in mind when creating a separation agreement is the statute of limitations. A statute of limitations is a law that sets a deadline for the filing of a lawsuit. In the case of a separation agreement, the statute of limitations determines how long the parties have to enforce the terms of the agreement.
In most states, the statute of limitations for a separation agreement is three to six years. This means that if one party breaches the agreement, the other party has a certain amount of time to take legal action. If the statute of limitations has passed, the aggrieved party may no longer be able to enforce the agreement.
It is important to note that the statute of limitations begins to run from the date of the breach of the agreement. For example, if one party fails to pay spousal support as agreed, the statute of limitations begins to run from the date of the missed payment. If the statute of limitations is six years and the missed payment occurred four years ago, the aggrieved party still has two years to take legal action.
There are some exceptions to the statute of limitations for a separation agreement. For example, if one party concealed assets at the time of the agreement, the statute of limitations may be extended. Additionally, if one party was under duress or coercion at the time of the agreement, the statute of limitations may be tolled or suspended.
It is important to understand the statute of limitations when creating a separation agreement and to be aware of the deadlines for enforcement. If you believe that the other party has breached the agreement, it is important to consult with an attorney to determine your rights and options.
In conclusion, the separation agreement statute of limitations is an important aspect of any separation or divorce. It determines how long the parties have to enforce the terms of the agreement and is crucial for protecting your rights. If you are creating a separation agreement or have questions about enforcement, it is important to consult with an experienced attorney who can guide you through the process.