White v. Graham

WELLS, Judge.

A separation agreement is a contract, and the laws governing ordinary contracts apply. See Lane v. Scarborough, 284 N.C. 407, 200 S.E. 2d 622 (1973). Under North Carolina law, such an agreement may be modified only by the parties (absent circumstances not applicable here). Crutchley v. Crutchley, 306 N.C. 518, 293 S.E. 2d 793 (1982); compare Henderson v. Henderson, 307 N.C. 401, 298 S.E. 2d 345 (1983) (distinguishing agreement adopted by court). The death of Steve White did not terminate his obligation, which his estate could satisfactorily perform. Shutt v. Butner, 62 N.C. App.…