What happens if one spouse breaches the separation agreement?
If it has approved it, the court will enforce the agreement. The breaching spouse can be held in contempt of court and fined or sent to jail. If the separation agreement is not yet part of a court proceeding, the spouse can file for divorce and ask the court to enforce the provision that has been breached. TIP: The separation agreement should include a penalty clause providing for restitution or payment if one of the parties breaches the agreement.
