A separation agreement signed in another state can be enforced in Georgia. What changes is not whether it counts, but whose law is used to read it.
Georgia Applies the Other State’s Construction Law
In Carroll v. Littleford, 225 Ga. 636 (1969), a couple living in New York signed a separation agreement in 1962. The father agreed to pay $100 per week for the support of the mother and their son, half of it earmarked for the child, whose custody went to the mother. The parties later ended up litigating in Fulton Superior Court over how one of the agreement’s provisions worked.
The Georgia Supreme Court did not apply Georgia contract law. “This case involves the construction of a contract entered into between the parties in the State of New York. Accordingly, the construction placed by the courts of New York upon similar contracts will control.”
Why That Can Change the Outcome
This is not a technicality. Borrowing another state’s construction rules can change who decides what your agreement means.
That is exactly what happened in Carroll. Applying New York law, the Court noted it “is well settled by the court decisions in New York that interpretations of written contracts ordinarily present questions for the court,” and that where the parties’ intention appears in an unambiguous written contract, “its interpretation is a question for the court and not for a jury.”
So the disputed provision was construed by the judge on summary judgment rather than sent to a jury, and the mother prevailed as a matter of law.
What to Take From It
If you signed a separation agreement in another state and now live in Georgia, the document does not lose its force by crossing a state line. But do not assume Georgia rules govern how its words will be read.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!