A marital settlement agreement is a written contract between divorcing spouses that resolves the issues in their divorce by agreement rather than by a judge deciding them after a trial. It typically covers four broad categories, division of property and debts, spousal support, and, where the couple has children, a parenting plan along with child support. Once a judge reviews and approves the agreement, it generally becomes part of the final divorce decree, at which point its terms are enforceable as a court order rather than only as a private contract.
Property and debt division
This portion of the agreement typically catalogs each spouse's separate property along with the marital property to be divided, addresses significant assets such as retirement accounts and the family home, and assigns responsibility for outstanding debts.
Spousal support
If either spouse will pay or receive spousal support, the agreement typically specifies the amount and duration, or states that both spouses are waiving any claim to it.
Parenting plan and child support
When the couple has children, the agreement usually incorporates or references a parenting plan covering physical custody, legal custody, and the visitation or parenting time schedule, along with a child support calculation that follows the applicable guidelines.
Additional provisions
Settlement agreements often include other terms as well, such as releasing any temporary orders that were in place during the case, addressing waivers of spousal benefits, and resolving responsibility for attorney's fees.
How the agreement becomes a court order
A marital settlement agreement functions as a template for the court's final decree. Once a judge reviews the agreement and finds it fair and consistent with applicable law, particularly regarding any children involved, the agreement is typically appended to the divorce decree and becomes part of that binding court order. After that point, changing its terms generally requires either an appeal or a formal modification proceeding rather than a simple renegotiation between the spouses. A licensed family law attorney can help make sure a settlement agreement is complete, accurately reflects what was negotiated, and will be accepted by the court.