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Confusion over word "from"

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ticktockclock

Junior Member
What is the name of your state (only U.S. law)? Virginia

I have a non-court-ordered separation agreement with my ex which includes the following language related to spousal support:

"8. Commencing and accounting from December 1, 2010, the Husband shall pay the Wife for her support and maintenance the sum of FIFTEEN HUNDRED DOLLARS ($1500.00) per month, by direct deposit or check, directly to the Wife. Said alimony payments shall continue on the 1st day of each month thereafter until the first to occur of the following: " ... ". Payments will otherwise cease from April 1, 2012."

I am concerned that the meaning of "cease from April 1, 2012" is ambiguous, and wondering whether I am obligated for an April 1 payment or not. Thoughts?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Virginia

I have a non-court-ordered separation agreement with my ex which includes the following language related to spousal support:

"8. Commencing and accounting from December 1, 2010, the Husband shall pay the Wife for her support and maintenance the sum of FIFTEEN HUNDRED DOLLARS ($1500.00) per month, by direct deposit or check, directly to the Wife. Said alimony payments shall continue on the 1st day of each month thereafter until the first to occur of the following: " ... ". Payments will otherwise cease from April 1, 2012."

I am concerned that the meaning of "cease from April 1, 2012" is ambiguous, and wondering whether I am obligated for an April 1 payment or not. Thoughts?
It means that payments will cease on April 1, 2012.
 

nextwife

Senior Member
I see no ambiquity. It seems that it can cease EARLIER if the matters on list occur ("until the first to occur of the following: " ... "), or from the given date if they don't.
 
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ticktockclock

Junior Member
The separation agreement was taken from the book "File for Divorce in Maryland, Virginia or the District of Columbia" and modified to fit our particular circumstances. The "..." in the original post was in place of:
the Husband dies, the Wife remarries; the Wife dies. Furthermore, if Wife engages in a relationship analogous to marriage for a period of twelve months, Husband shall also have the right to seek the termination of any support reward, if any is in effect, by moving for such relief before a court of competent jurisdiction.
The next clause continues:

HEALTH INSURANCE

The Husband agrees to provide medical insurance coverage for the Wife until April 1, 2012 and for the parties' child until age 21.
 
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mistoffolees

Senior Member
My understanding is that people are free to make contracts. Even married people or formerly married people.
Yes, but if they are married, it is pointless.

In the absence of a court-ordered separation agreement, the money is marital. Transferring marital funds from one spouse to the other is meaningless since they are each entitled to 1/2 of any marital funds.
 

mistoffolees

Senior Member
Pointless? How so? They can change the character of the property from marital to separate and I would think a couple getting a divorce would try to do just that in a fair way. (So, husband gets the blue car and wife gets the red.)

That contract will be enforceable.
How do they change the character of the property from marital to separate? They're still married, so the money would still be marital - unless it were a gift or inheritance (but I'm not sure that a gift from one spouse to another is automatically separate).

But since they're taking the position that it's a binding contract, it can't be a gift.
 

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