When a couple is going through divorce proceedings, a marital settlement agreement can benefit both spouses. This is a document designed to provide written details concerning the terms of the divorce. It will establish the relationship between the couple once the divorce is final. It’s a document designed to cover everything from child custody to spousal support, debt division, child living arrangements as well as any other issues that impact a couple.

Timing
It is possible for a couple to enter into a marital settlement agreement prior to their separation or after it. This can even occur after a couple files for divorce. There have been some cases where a couple was not able to reach an agreement until the morning of their divorce trial. It is advised a couple work out the details as soon as possible. This will help them avoid unnecessary problems as well as lawyer fees.

Modifications
It is possible for a marital settlement agreement to be modified. It will require both parties to agree to the changes. In many cases, this modification can be achieved when both parties sign a modification agreement, and it is incorporated into their marital settlement agreement. A change in child support, child visitation and more can be changed from the original agreement. The ability to change anything will depend on the specific wording of the original agreement. It needs to state that such a modification is possible and specify the conditions.

Negotiation
When one spouse presents the other with a marital settlement agreement they find unacceptable, they do not have to sign it. It can still be used as a basis for negotiating an acceptable agreement. Should one spouse put a deadline on signing it, the other is under no legal obligation to comply. Experts agree the only way to reach an agreement on such a document is for both parties to negotiate in good faith. This will require a certain level of compromise and understanding.

Advantages
When a couple is able to agree on the terms of a marital settlement agreement; they will each know exactly what to expect. There is no question who will get what property. The decision on child care and more have been decided. This could decrease the difficulty of a very challenging situation. There will be no need to argue over any aspect of a divorce. This written agreement will cover all of the issues they feel are important.

Writing Own Agreement
It is not uncommon for couples to believe they agree on everything and can just write their own martial settlement agreement. This has been proven to be a very big mistake. Unless a couple is experienced with their state’s divorce laws, they could omit certain legal provisions that are required to be in the document. It’s possible for the document they create to be unclear as well as vague. This could lead to future problems. Should a couple suddenly disagree on the meaning of a certain section, they may need to then contact an attorney to fix the agreement they created. When a knowledgeable and experienced attorney is used at the beginning, it can prevent such future problems from occurring.

Couple Hiring One Attorney
Some couples believe that if they agree on everything for a marital settlement agreement, they can just hire an attorney to draft it. This could happen, but most experienced legal professionals will advise against it. It’s not permitted in most states for one attorney to represent both spouses. If one spouse chooses to proceed without an attorney, they won’t have experienced legal representation looking out for their interests. Should the spouse without legal representation want things changed, they will be paying attorney fees to protect their interests.

Savings
The biggest benefit to having a proper marital settlement agreement is how it can save money for both spouses. When a good agreement is in place, it will also save a couple from experiencing a lot of bad feelings. It can save them time as well as possible headaches from occurring in the future.

Last Updated on: 22nd June 2025, 04:53 pm

If you and your spouse have decided to get a divorce and you have reached an agreement on issues such as who is obligated to pay spousal and child support, custody and visitation arrangements and property rights, you may want to consider entering into a marital settlement agreement.

Also referred to as a stipulation of settlement, this contract is filed with the court to become part of your final divorce decree.

Agreeing to a marital settlement with your spouse can remove much of the stress that is already part of what can be an emotionally stressful situation. By agreeing in advance to the most common issues in finalizing a divorce, you and your spouse can avoid misunderstandings and perhaps multiple court appearances.

Essentially, you and your spouse can present the court with a thoughtful, negotiated and carefully written agreement to end your union. In turn, both of you will experience a quick divorce that does not cost as much if it lingers because you cannot agree. You will avoid enduring a time-consuming and costly trial.

Property Division in a Marital Settlement Agreement

When it comes to getting a divorce, New York is an equitable distribution state. This means that anything considered marital property will be divided fairly by law when you divorce. The types of properties, assets and liabilities that can be included in a marital settlement agreement are:

• Investments – stocks, bonds and equity stakes in corporations
• Joint bank accounts in both of your names
• Marital liabilities – mortgages, automobile loans and credit card debt
• Personal property – jewelry, art work, motorcycles, antiques, electronics, furniture, property that holds sentimental value
• Real property or interests held in real property – house, condo, co-op, vacation home, investment property
• Retirement accounts – 401k plans, pension funds

You or your spouse can make generous provisions for the children you share in the marital settlement agreement. Custody and visitation issues can also be included. However, neither of you are allowed to limit or omit the parental obligation to support your children.

Child custody, visitation and support issues will always be presented before the court. New York law requires the court to determine if decisions being made are done so in the best interest of the children.

Marital Settlement Agreements are Enforceable Contracts

Because marital settlement agreements are valid enforceable contracts, a judgment is usually final and the divorce cannot be challenged. However, under limited circumstances you or your spouse might be able to challenge the validity of the judgment in this type of divorce settlement.

Typically, the court will not invalidate a marital settlement agreement when you and your spouse have negotiated the agreement, and you both are represented by counsel. While there are a few reasons that you may challenge the judgment, it could still be difficult to prove. Two reasons are discussed below.

Fraud. You and your spouse must submit a financial disclosure statement at the time you file for divorce. This is called a Sworn Statement of Net Worth. If you or your soon-to-be ex-spouse fail to disclose hidden property or assets, the court could refuse to enforce the agreement.

Additionally, disclosing the property or assets without being straightforward about the nature and value of the property and assets is grounds for the court to refuse to enforce the settlement agreement.

Mutual mistake. Another reasons that the court may decide not to enforce a marital settlement agreement is if you and your spouse make what is known as a mutual mistake. This is when you and your spouse entered into a marital settlement agreement believing you had apportioned with all of your assets before signing, only to find out that there were missing property and/or assets.

Although neither of you were aware that this property was missing when you signed the agreement, you can sign an amendment and have it notarized to correct the mistake.

Contact a New York Divorce Lawyer

With help from a New York divorce lawyer from the Spodek Law Group, you can be confident that the terms you and your spouse reach in the marital settlement agreement will be favorable to you. One of our lawyers will evaluate your case to determine the best course of action according to New York’s divorce laws.

Furthermore, you never have to worry about hidden fees because we will be open and honest with you from the start. If you are considering a marital settlement agreement that is fair, give us a call.