Separation agreements are designed to provide stability and clarity after a breakup by addressing important issues such as parenting time, child support, property division, and spousal support. However, life is unpredictable, and circumstances can change. When that happens, your separation agreement may no longer fit your current situation. Fortunately, separation agreements can be changed, but there are important legal rules and procedures to understand before making any amendments.
Changes to a separation agreement are generally possible when there has been a “material change in circumstances.” This can include significant events such as a change in income due to job loss or promotion, alterations in childcare or parenting arrangements, remarriage or relocation of one party, a child reaching adulthood or no longer qualifying for support, or situations where the original agreement was unfair or signed under pressure. When such a material change occurs, the agreement may be revised either through negotiation between the parties or by obtaining a court order.
Ideally, both parties need to agree to any changes in the separation agreement. If both agree, they can amend the original agreement by signing a written addendum or create a new agreement that replaces the old one entirely. It is critical that any changes are made in writing, that each party signs voluntarily, and that both receive independent legal advice. Verbal agreements or informal arrangements are not legally enforceable and may lead to serious complications down the line.
If one party refuses to agree to changes, the other party may have to seek the court’s intervention. Courts will only vary a separation agreement if there has been a material change in circumstances and if the existing terms are no longer appropriate or in the best interests of the child. For example, if a parent loses their job and can no longer afford the agreed-upon child support payments, the court may reduce the amount, but only after reviewing updated financial information from both parties.
There are also special rules regarding child and spousal support. Even if a separation agreement was signed years ago, courts can override or update support terms if they are inconsistent with current legislation, such as the Child Support Guidelines, if they are no longer in the child’s best interests, or if they were based on inaccurate or hidden financial information. Spousal support may also be reviewed when significant life changes occur, like retirement, health issues, or a major change in either party’s standard of living.
In some cases, a court may set aside or vary a separation agreement if it was signed under duress or undue influence, created without full financial disclosure, or found to be grossly unfair or unconscionable at the time it was made. Courts have the power to overturn all or part of such an agreement, even years after it was signed.
The bottom line is that you are not necessarily stuck with an old separation agreement that no longer reflects your current circumstances. Separation agreements can evolve over time, provided the changes are made correctly. If you are unsure whether your agreement still meets your needs or want to explore updating its terms, it is important to consult a family lawyer before taking any steps. Proper legal advice can help you avoid costly mistakes and protect your rights.
At Delaney’s Law Firm we assist individuals in revising or challenging separation agreements when life changes. Whether you want to renegotiate, enforce, or set aside a dated agreement, our experienced family law team can guide you through every step of the process.