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?
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
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