CAN THE COURT MODIFY THE TERMS WE INCLUDE IN A SEPARATION AGREEMENT CONCERNING OURSELVES?
A. Unlike the terms concerning children, which are always modifiable by the court, the terms that pertain to adults cannot be modified by the court except in very limited circumstances. For example, if the separation agreement has been incorporated into a court decree, the court has the power in North Carolina to modify the support terms (alimony or child support) based on a substantial change of circumstances. If the terms involve property division and the agreement has been incorporated, the court can only modify an executory promise (i.e., one that has not yet been completed, such as the transfer next year of a car title to a spouse), as opposed to a promise which has already been executed by the parties (such as the deed to the house that was signed over to a spouse at the same time as the execution of the separation agreement). The court can overturn a separation agreement if it was signed due to fraud, coercion, or lack of mental capacity. In most cases, however, this is a hard c
