If, however, one spouse promises to pay a bill or otherwise assumes a debt in the agreement, and then breaks that promise resulting in your having to pay, you can sue
your spouse for breach of contract and restitution of the amount of money you had to pay the third party creditor on their behalf.
You may, however, sue
your spouse for breach of contract n civil court if he or she violates the separation agreement.
Not exact matches
[W] e wish to make clear that abolition
of the actions
for alienation
of affections and criminal conversation does not preclude a person from maintaining a traditional
breach of contract action merely because the
breach arose from an improper liaison with the plaintiff's
spouse or because the effect
of the alleged
breach or tortious conduct was a disruption or breakup
of his or her marriage....
If your
spouse refuses to pay as agreed, you can sue him
for breach of contract.
She lost a great deal
of bargaining power because her former
spouse knew that if she didn't agree to the terms he proposed, she wouldn't be able to close on the house, and she could be sued
for breach of contract,» says Silbert.