Sometimes after a couple divorces, they change their minds. Reconciliation can raise a number of tricky legal issues for spouses who have already decided how they will split their property, care for their kids, and resolve other issues related to a divorce. California’s Second District Court of Appeals recently took up some of those issues.
Husband and Wife separated in early 2012, just two months after the couple married. They eventually entered into a marital settlement agreement, under which Husband pledged to pay Wife $12,000 in spousal support over two years. The former spouses also agreed that two homes Husband owned before they got married were his separate property and that Wife would keep the wedding ring and a related $10,000 gift. The agreement made clear that it was final and that it could not be modified, unless agreed to in writing. A court approved the settlement agreement and ordered that the marriage be dissolved, effective four months later.
That’s when things took an interesting turn. “Within two days of signing the MSA, the parties declared their love for each other in text messages,” according to the Second District. Within a year, Wife was again living with Husband in one of his homes. Husband apparently continued to wear his wedding ring and treated Wife publicly as his spouse. He also continued to pay the spousal support. Husband and Wife separated a second time about 10 months after Husband finished making the support payments.