A marital settlement agreement is a written divorce agreement resolving issues such as property, support, custody, and other marital obligations.
Why a marital settlement agreement matters
A marital settlement agreement matters because it can reduce contested litigation and create enforceable terms for ending a marriage. It may address property division, debts, spousal support, child-related terms, insurance, taxes, and future dispute procedures.
Courts may review the agreement before incorporating it into a divorce judgment or order.
Where a marital settlement agreement appears
Marital settlement agreements appear in divorce negotiations, mediation, court filings, stipulated judgments, property-division disputes, and post-divorce enforcement proceedings.
Practical example
Spouses agree on how to divide marital property, set spousal support, and handle child-related expenses. Their agreement may be submitted to the court as part of the divorce process.
How a marital settlement agreement differs from nearby terms
A marital settlement agreement differs from a prenuptial agreement because it is usually made when the marriage is ending, not before marriage. It differs from a separation agreement because a separation agreement may operate before or instead of divorce.
Related terms
Quick knowledge check
Why might a court still review a divorce agreement that both spouses signed?