Carrollton, GA asked in Divorce and Family Law for Georgia

Q: Would a remarriage to a former spouse null and void the terms of a separation agreement from the first marriage?

Terms of the separation agreement calls for $10,000 to be remitted to former spouse to represent her equity in the marital residence. The couple later reconciles and remarry which just recently ended in divorce for the second time April 2021 with a new separation agreement. The now former spouse has filed contempt for failure to honor the terms of the first separation agreement, i.e. the $10,000 payment. The former spouse also executed a quit claim deed relinquishing her rights to the home in the second separation agreement. Is the first separation agreement still enforceable even though the spouse remarried the former spouse? I have found case law in Florida Supreme Court, Cox v. Cox stating that the spouse would have abrogated her right to any executory provisions of a prior marital agreement. Would this be the case under Ga. Law?

Related Topics:
1 Lawyer Answer
Homer P Jordan IV
Homer P Jordan IV
  • Atlanta, GA
  • Licensed in Georgia

A: You have a lot going on here it seems. I would suggest consulting with an attorney who can review all the facts and provide you with guidance.

Michael D. Birchmore agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.