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Campbell Law R eview Volume 11 Article 4 Issue 1 Winter 1988 J anuary 1988 Domestic Relations - Post-Separation Sexual Intercourse Precludes Enforcement of Agreement Requiring Parties to Live Separate and Apart - Higgins v. Higgins Gerald H. Groon Jr. Follow this and a itional works at : /clr Part of the Family Law Commons Recommended Citation Gerald H. Groon Jr., Domestic Relations - Post-Separation Sexual Intercourse Precludes Enforcement of Ag reement Requiring Parties to Live Separate and Apart - Higg ins v. Higg ins, 11 Campbell L. Rev. 73 (1988). This Note is brought to you for free and open access by Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Campbell Law R eview by an authorized administrator of Scholarly Repository @ Campbell University School of Law. Groon: Domestic Relations - Post-Separation Sexual Intercourse Precludes DOMESTIC RELATIONS - POST-SEPARATION SEXUAL INTERCOURSE PRECLUDES ENFORCEMENT OF AGREE- MENT REQUIRING PARTIES TO LIVE SEPARATE AND APART - Higgins v. Higgins INTRODUCTION There comes a time in some relationships when no matter how sincere the attempt to reconcile the differences or how strong the wish to re-create a part of the past once shared, the struggle be- comes so painful that nothing else is felt and the world and all its beauty only add to the discomfort by providing cruel contrast.1 Public policy in most states regards separation agreements as 2 acceptabl