Do Maryland courts encourage separation agreements?
A. Yes. Separation agreements are generally favored by Maryland courts as a peaceful means of terminating marital strife and discord so long as they are not contrary to public policy. Q. Can a separation agreement include terms that a court could not order? A. Yes. Parties often include provisions in a separation agreement which are beyond a court’s power to order. However, once included in a separation agreement, such terms can be enforced by court order such as payment for college and life insurance protection. Q. How is a separation agreement enforced? A. Terms of a separation agreement, which has been incorporated into a divorce decree, are enforceable either through contempt proceedings or as an independent contract. Q. What if there is a dispute about what the parties meant? A. A Maryland court is required to give effect to an agreement’s “plain meaning,” without regard to what the parties actually thought it meant or intended it to mean. The terms of an agreement are given their
