The Importance of Careful Drafting in Marital Settlement Agreements
We have said it before, but the importance of carefully drafting and fully understanding your marital settlement agreement cannot be understated. Not only is the substance of each provision significant, but the wording used can make a world of difference. Whether a provision is self-executing — meaning it takes effect automatically upon the occurrence of a certain act or event without the need for court intervention — depends entirely on how it is worded, as demonstrated in the case of Weidlein v. Weidlein.
Case Background: Weidlein v. Weidlein
In the Weidlein case, the former couple’s settlement agreement stipulated that the ex-husband’s spousal support obligation would terminate forever if the ex-wife cohabitated with a man for one (1) week or more.
Years after the agreement was signed, the former wife sued the ex-husband for contempt, claiming he owed her over twelve (12) years’ worth of alimony — nearly $450,000. In response, the ex-husband argued that his support obligation terminated over 12 years ago because the ex-wife had cohabitated with another man for more than a week on multiple occasions. This claim was corroborated by their children’s testimony. The ex-husband believed that the spousal support provision in the settlement agreement was self-executing.
The Trial Court’s Decision: Provision Not Self-Executing
The trial court disagreed with the ex-husband’s argument, finding that the spousal support termination provision was not self-executing and required judicial determination before the ex-husband could stop paying. Dissatisfied with this ruling, the ex-husband appealed.
The Court of Appeals’ Ruling
The Virginia Court of Appeals upheld the trial court’s decision, agreeing that the provision was not self-executing. The Court explained that self-executing clauses, which terminate spousal support, only exist when there can be no reasonable debate over whether the act or event triggering the termination did, in fact, occur. Common examples include specific dates or milestones, such as a birthday or death. In this case, there could be reasonable debate as to whether the ex-wife had cohabitated with another man for more than a week. Therefore, the provision was not self-executing.
Court’s Conclusion: Spousal Support Terminated Retroactively
Despite ruling that the provision was not self-executing, the Court still determined that the ex-husband was not liable for back spousal support. The ex-husband had successfully proven that the ex-wife had cohabitated with another man for more than a week. While the provision did not contain language requiring the ex-husband to prove his ex-wife’s cohabitation by a specific standard of proof (such as clear and convincing evidence), it also did not mandate that proof be established in court before termination could occur.
The Court concluded that the ex-wife’s right to alimony never vested after she began cohabitating with another man for more than a week. In essence, the wife was never entitled to alimony payments from the time she lived with another man, even though the provision was not self-executing.
Takeaway: Be Careful When Drafting Settlement Agreements
Although the spousal support provision in this case was not self-executing, the Court found a way to enforce the spirit and intention of the agreement. This case demonstrates the importance of being specific and careful when drafting a marital settlement agreement. You may not be as fortunate as the ex-husband in this case.
Need Assistance with Your Settlement Agreement?
If you are in the process of drafting a marital or property settlement agreement or need to enforce or modify an existing one, you need the help of a qualified family law and divorce attorney. A lawyer can help develop provisions that protect your interests and achieve the results you desire. The family lawyers of the DiPietro Family Law Group have decades of experience handling family law issues across Northern Virginia, Maryland, and Washington, DC.
Contact us today for a consultation at (888) 530-4374.