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Can a Separation and Property Settlement Agreement be Modified?
Question: My spouse and I have a Separation and Property Settlement Agreement and agreed to not touch each other’s retirements. At the time, we thought our home would be sold and all debts paid off. It still has not sold and we are on the verge of filing bankruptcy. We have agreed that my spouse will give me money out of his retirement to help support our children since I’m not currently receiving child support. If we don’t do this we will lose everything. Since we are both mutually agreeing to this can, we get the separation agreement changed?
Answer: Yes, definitely. You or your lawyer will need to create a modification to the agreement and file it along with your divorce papers.
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