What Is a Marital Settlement Agreement?
A marital settlement agreement (also called a marital separation agreement or property settlement agreement) is a legally binding contract between spouses that resolves the key issues in their divorce. When properly drafted and executed, this agreement can be incorporated into your final divorce decree.
At Leffler, Bayoumi & Oliver, LLC, we help couples negotiate comprehensive agreements that address all aspects of their separation, protecting both parties' interests and providing certainty for the future.
What a Marital Separation Agreement Covers
A comprehensive marital separation agreement typically addresses:
Property and Debt Division
- Division of the marital home and other real estate
- Distribution of bank accounts and investments
- Retirement account division
- Personal property allocation
- Responsibility for marital debts
- Vehicle ownership
Spousal Support
- Whether alimony will be paid
- Amount and duration of payments
- Conditions for modification or termination
- Payment methods and schedules
Child-Related Issues
- Legal custody arrangements
- Physical custody and parenting schedules
- Child support calculations
- Health insurance and medical expenses
- Educational expenses
- Extracurricular activities
Other Important Provisions
- Life insurance requirements
- Tax filing arrangements
- Name change provisions
- Dispute resolution procedures
- Confidentiality clauses
Benefits of a Marital Separation Agreement
Resolving your divorce through a negotiated marital settlement agreement gives you control over the outcome, rather than leaving deeply personal decisions to a judge. You and your spouse can create tailored solutions that reflect your family's unique needs, including college expenses, private school, special needs considerations, and parenting arrangements a court may not have authority to order.
Agreements also offer flexibility in how and when assets are divided, allowing for customized timelines, structured buyouts, or deferred payments that better protect cash flow and financial stability. The process is private, typically more efficient and cost-effective than litigation, and often reduces conflict, helping families move forward with greater certainty and cooperation.
Living Separately Without an Agreement
While you can separate without a formal agreement, this creates risks:
- No clear rights to property or support
- Uncertainty about financial obligations
- Potential disputes about custody arrangements
- Risk of one spouse taking unilateral action
Even if you're not ready for divorce, a marital separation agreement can protect both parties during the separation period.
Modifying Marital Separation Agreements
Once incorporated into a divorce decree, depending on the terms of the marital settlement agreement, alimony, child support, and custody can be modified if a party is able to prove that there's been a material change in circumstance warranting the court to reassess these issues. Because property division is generally not modifiable, decisions about when and how assets are divided can have lasting financial consequences that extend well beyond the divorce itself.
The Negotiation Process
Our attorneys guide clients through each stage of the negotiation process with clarity and strategy. We begin by gathering complete financial information and identifying your priorities, then developing practical options and working directly with your spouse or their counsel to reach thoughtful, effective solutions. Once terms are agreed upon, we draft comprehensive settlement language, carefully review every provision with you, and oversee proper execution to ensure your agreement is clear, enforceable, and aligned with your long-term goals.
When Agreements Aren't Possible
Sometimes spouses cannot reach an agreement on all the issues. In those cases, you may agree on some issues while litigating others, use mediation to resolve remaining disputes, or proceed to trial on contested matters. Even partial agreements can reduce the cost and complexity of divorce.
Protecting Your Interests
At Leffler, Bayoumi & Oliver, LLC, we help clients negotiate marital separation agreements that thoughtfully and comprehensively address every aspect of the marital relationship while protecting their legal rights and long-term financial security. Our approach focuses on crafting clear, enforceable terms that reflect both immediate needs and future contingencies, so you can move forward with confidence and stability.
Contact us to discuss how we can help you reach a fair and durable resolution.
