Marital Separation Agreement - Uncontested Divorce

My wife has already moved out and we have agreed on division of property, financials, etc. She wants the next few months to decide if we can work things out. I am agreeable and want to reconcile but am afraid that if things don't work out I can open myself up to financial ruin if things get ugly and she wants more money. She would already be getting half now so half of the assests again later would ruin me. Would the court consider a MSA signed before filing for divorce enforceable and would I be relieved future financial obligations from the day the agreement was signed until the day we decide to divorce (if it comes to that)? I am just looking for ideas on how I can provide for her over the next few months but hold her to her word that she will not ask for more if we do divorce.
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Answers (1)

Erskine Clark Rogers III

Erskine Clark Rogers III

Contributor Level 4
While separation agreement after the marriage, but not in contemplation of divorce are possible, they are tricky because of the fiduciary relationship between the husband and the wife and the requirement of a full financial disclosure. Also, consideration can be another thorney legal issue. Do you expect your financial condition to change that much the next few months such that the difference between getting half of the assets now and half of the assets later is significant?

The above is merely a statement of general legal principles of the law in Florida and not intended to be relied upon for legal advice nor to create an attorney-client relationship. For an answer to your particular question please seek the advice of a qualified family lawyer in your area.
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