Oftentimes, spouses anticipate that their separation agreement will later be merged into a final judgment and divorce decree and alimony. However, the agreement will remain enforeceable as a simple contract even though not incorporated into a final decree--assuming that the decree does not provide for alimony, is void, or is set aside for some reason. 

Additionally, a separation agreement providing for support and maintenance may be enforced after a divorce decree as to the amounts that were due and unpaid prior to the divorce decree.  A separation agreement will be enforeced strictly according to the terms of the separation agreement. 

A separation agrrement executed outside the State of Georgia will be enforced in Georgia according to the foreign state's law pertaining to construction of contracts.

Separation agreements can have a significant impact on divorce proceedings and should be seriously contemplated before such an agreement is entered into with one's spouse.

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