In general, under prior law reconciliation was deemed to void the executory or unperformed provisions of a separation agreement that contained property provisions.
The courts now draw a distinction between pure separation agreements, in which separation is of the essence, and contracts in which the parties intend a complete property settlement, unrelated to whether they ever reconcile after a separation. Property settlements are to be construed according to the parties’ intent and the language of the contract. A reconciliation would void a release only if the release of property rights in such a contract “necessarily” depended on the parties living separate and apart.
