QUESTION
Will a financial agreement between husband and wife witnessed by a notary hold up in court?
Asked on May 02nd, 2014 on Contracts - Florida
More details to this question:
My husband had his back fused 6 years ago we have spent years fighting disability and I have been the one paying most of the bills if not all of the bills. I have asked him to get help mentally and physically because he is not the same person. He spent 40,000 behind my back just two months ago. Continually going into debt. I want to get a agreement that he pays me 300 a month and a certain percentage of his disability settlement since ive paid the bills all these years just in case we decide to part ways. He agrees to sign it. If we wrote out a document stating the monthly payment he owes me and the percentage of the settlement that he gives to me when he receives it and get it notarized. If he goes back on the deal will it hold up in court? We cannot afford lawyers for this is the reason I am doing this. Thank you
1 ANSWER
While an agreement between husband and wife made during their marriage is enforceable like a normal contract (with somewhat higher standards of fairness required), in New York it requires more formality than a normal arm's length contract. Mere notarization is not enough, it has to be witnessed like a will. There may be the same or similar types of requirements in Florida. If you contact your local court or bar association, they can probably refer you to a place where you can get some free legal assistance with this.
Answered on May 02nd, 2014 at 12:28 PM