How do I go about making a financial agreement my spouse wrote up binding if we are separated or do I need to go to court?

UPDATED: Aug 28, 2011

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How do I go about making a financial agreement my spouse wrote up binding if we are separated or do I need to go to court?

My husband and I are recently separated. We just went through a bankruptcy and foreclosure so we have no assets but my husband is an author and has potential to do quite well in the future. I am 53 with no career and a chronic autoimmune illness. He has assured me that he will take care of me financially forever and has written up a financial agreement that I would like to make official and binding. If signed and notarized by him would it be binding or do we need to do something more.

Asked on August 28, 2011 Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your husband is really going to be as giving as he says at this point to forever in the future, I would take no chances and I would have ana ttorney draw up the agreement and then have the agreement signed by both parties after review by counsel. This way there can be no misconceptions and he - the party to be charged meaning the one who has to do the paying out - can not "take it back" to use a simplistic term.  There needs to be consideration for such a contract and I just want to make sure that you are really covered under the laws in your state.  If he really means it then he won't care.  Good luck.

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