What Are Marital Settlement Agreements?

UPDATED June 2021

Marital settlement agreements, or MSAs, can be a great way to resolve issues that are in dispute in a divorce proceeding. A marital settlement agreement is, in essence, a contract between spouses outlining the terms for terminating their marriage.

When a judge issues an order of divorce, the marital settlement agreement is incorporated into the order, and represents the legal relationship and mutual obligations between the parties. Since the agreement has the authority of a court order, a party can be held in contempt for violation.

What can be addressed in a marital settlement agreement?

The types of issues addressed in a marital settlement agreement will vary from case to case, but typically address areas such as:

• Grounds for divorce
• Interim support
• Residency
• Health insurance
• Retirement benefits
• Attorneys’ fees
• Child custody
• Child support
• Alimony
• Division of marital property and responsibility for debts

Other issues, such as waivers or indemnifications, can also be included. Your attorney can help you make decisions regarding your MSA during the divorce planning process. You can also work out the details of the agreement through mediation with your spouse, or as part of the collaborative law process.

The beauty of a marital settlement agreement is that it can include just about any provision that you want. That is, you can agree on and include provisions that a judge never would. Do you have pets? Do you want to share custody of your pets? You can include a provision about that. Do you want to “nest” in the marital home? You can include a term on that, too. The list is endless.

Will a marital settlement agreement help me avoid going to trial?

What many people seeking a divorce do not realize is that a majority of cases settle prior to trial through a marital settlement agreement. This is to your benefit, as it saves you both time and money. If you and your spouse file for divorce by mutual consent, the marital settlement agreement can help you determine what you want to do, and keep the process moving.

Can I change my mind about the MSA?

Once an MSA is part of a final divorce decree, the only way to change it is to petition to modify the order. Simply changing your mind will not be enough; modifications require a material change in circumstances. You may be able to amend the agreement before the divorce is finalized, if both parties agree.

However, you may be able to invalidate the agreement after the divorce is finalized if you can prove:

• That you were forced to sign the agreement under duress
• That the agreement was deceptive or fraudulent
• That the agreement is “unconscionable” or excessively one-sided

At McCabe Russell, P.A., our divorce attorneys can help you negotiate and draft a marital settlement agreement that works in your best interests. If you have questions about the process, or need assistance with any family law matter, please call 443-812-1435 or fill out our contact form to reserve a consultation time. We maintain offices in Bethesda, Fulton, Columbia, and Rockville for your convenience.