Family LawSeparate maintenanceSeparation agreementsProperty settlement agreementsseparate maintenanceproperty settlement agreementenforcementArk. Code Ann. § 9-12-313
Facts
In February 1996, the parties entered into a written separation and property settlement agreement stating their intent to live separate and apart for the rest of their lives and setting out their rights and obligations during separation. The agreement divided personal property, allowed the appellant use of the marital home, and stated that it was an independent contract that would constitute a stipulation in any divorce action. Two months later, appellee filed for divorce, and appellant counterclaimed for separate maintenance. After appellee failed to corroborate grounds for divorce, the chancery court denied his divorce, granted appellant separate maintenance, but declined to enforce the agreement.
Issue
Whether a chancellor has the power to enforce a separation and property settlement agreement that addresses the parties' marital property in a proceeding that results only in a decree of separate maintenance, rather than a divorce decree.
Rule
Under Ark. Code Ann. § 9-12-313, courts of equity may enforce written agreements between spouses made in contemplation of separation or divorce. Although a chancellor may not adjudicate and divide marital property upon granting separate maintenance, that limitation does not bar enforcement of the parties' own separation agreement.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Little Rock, Arkansas, Dana Mercer and Joel Mercer signed a written agreement stating they intended to live separate and apart indefinitely. The agreement allocated their vehicles, assigned responsibility for certain debts, and gave Dana exclusive use of the house during the separation. Joel later failed to prove grounds for divorce, but Dana obtained separate maintenance and asked the court to enforce the agreement.
Should the court enforce the agreement?
Explanation. The controlling distinction is between enforcing the spouses' own written agreement and judicially adjudicating and dividing marital property. Under the majority rule, a court of equity may enforce a written agreement between spouses made in contemplation of separation or divorce under the statute, even when the proceeding results only in separate maintenance and no divorce decree is entered. (Derived from Grider v. Grider (n.d.).)