Divorce is, unfortunately, almost always contentious in one way or another. It’s stressful, time-consuming, and energy-draining, not to mention it can be an emotional process for everyone involved. So, what happens after your divorce is finalized? Further, what happens when your ex is non-compliant and ignores the marital settlement agreement?
What is a Marriage Settlement Agreement (MSA)?
A marital settlement agreement outlines the terms of the divorce and the relationship between the two spouses after the divorce. These agreements usually cover property division, child custody, child plans, debt division, spousal support, and any other relevant issues related to the divorce. While it is not required, filing a marital settlement agreement does have some advantages:
- Lays out all of the agreements in writing, limiting uncertainty.
- The spouses may not have to go to court. The judge might honor the written agreement if it’s written correctly and covers all material aspects of the divorce.
- Proves to the court that major issues were thought out, and the case will move more quickly though the system.
- Marital settlement agreements can be entered into at any time before the final judgment. They are typically filed with the final judgment.
- If a spouse is receiving welfare, the District Attorney’s office may need to review and sign the marital settlement agreement before it is filed with the court.
An MSA is a marital separation agreement and is a binding, legal contract. Before the divorce is finalized, the agreement must be presented to a judge and approved. However, if one party violates the agreement and fails to comply, it’s imperative to hire an attorney to ensure all agreements will be upheld.
How do you hold your ex accountable?
The party who violates the marital settlement agreement would be deemed in violation of the order and subject to a civil contempt of court. Most MSAs have what is called “default clauses” that provide guidance about what to do when an ex doesn’t follow the agreement. You typically begin this process by sending a letter detailing the violation. If your ex does not comply with the agreement, you will need to hire an attorney immediately.
Many attorneys include terms in the MSA that hold the spouse who violates the agreement responsible for paying the other spouse’s legal fees incurred to enforce the agreement.
Family court judges typically have wide discretion in developing a remedy for the aggrieved former spouse. The remedy ultimately seeks to require compliance with the terms of the MSA. If the terms cannot be enforced as written, then another remedy may be sought. If the failure to comply is considered willful by the judge, there may be a fine, jail time, and an order to pay attorney fees. However, in most cases, the party in violation usually complies after an attorney gets involved, as they may want to avoid additional legal fees and consequences.
At Rieger, LLP our clients are our top priority. We can help you navigate the conflicts and confusions of divorce, marital settlement agreements, alimony, child support and custody, and much more. Give one of our certified divorce lawyers a call today to find out more about how we can help your specific situation.