A Marital Settlement Agreement (MSA) is the legal contract that resolves every issue in your divorce. It is the single most important document in an uncontested divorce, because once the court signs the final judgment, the MSA becomes enforceable and difficult to change.
What a Good MSA Covers
- Real estate: Who keeps the house, who refinances, who is responsible for the mortgage, how proceeds of a sale are divided.
- Personal property: Vehicles, furniture, collectibles, and other assets.
- Retirement accounts: 401(k)s, IRAs, pensions, typically divided via a Qualified Domestic Relations Order (QDRO).
- Bank and investment accounts: Each account identified by institution and account number.
- Debts: Credit cards, loans, and joint obligations.
- Alimony: Amount, duration, type, and termination triggers.
- Child support: Amount, how it is paid, provisions for health insurance and uncovered medical expenses.
- Parenting plan: Time-sharing schedule, holidays, decision-making, relocation rules.
- Taxes: Who claims the children, filing status for the year of divorce.
- Life insurance: Policies required to secure support obligations.
Why Draftsmanship Matters
An MSA that is vague or silent on common issues invites future litigation. Over 25 years I have seen agreements fall apart because the drafter did not address what happens when a parent relocates, what counts as “extracurricular expenses,” or who picks the children up from school when the schedule changes. I draft MSAs with contingencies in mind.
To discuss your situation, call 904-858-4334 or contact me online.