MARITAL SETTLEMENT AGREEMENT FAQ'S

1. What is a Marital Settlement Agreement in Massachusetts?
   A Marital Settlement Agreement (MSA) is a legal document that outlines the terms of a divorce or legal separation agreed upon by both spouses. It covers aspects such as property division, alimony, child custody and support, and insurance.

2. Is a Marital Settlement Agreement legally binding in Massachusetts?
   Yes, once the MSA is signed by both parties and approved by the court, it becomes a legally binding contract enforceable under Massachusetts law.

3. Can we modify the agreement after it's been finalized?
   Modifications to the MSA after it has been finalized and approved by the court are possible but typically require a significant change in circumstances and court approval.

4. Do we need a lawyer to draft a Marital Settlement Agreement?
   While not legally required, it's highly recommended to consult with a lawyer to ensure the agreement is fair, comprehensive, and complies with Massachusetts law.

5. How does the MSA address child custody and support?
   The MSA outlines custody arrangements (legal and physical), the parenting schedule, child support payments, and any other child-related agreements, aligning with Massachusetts' guidelines and best interests of the child standard.

6. What happens if we can't agree on terms for the MSA?
   If spouses cannot reach an agreement, the divorce case may proceed to court, where a judge will make decisions on the contested issues.

7. Are assets and debts always divided equally in Massachusetts?
   Massachusetts follows equitable distribution, meaning assets and debts are divided fairly, though not always equally, based on various factors like the length of the marriage and each spouse's financial situation.

8. Can the MSA cover future alimony adjustments?
   Yes, the MSA can include provisions for the modification of alimony based on future changes in income, employment status, or other significant life changes.

9. How is the MSA approved by a Massachusetts court?
   After both parties sign the MSA, it must be submitted to the court. A judge will review it to ensure it's fair and complies with state laws before granting approval, making it legally binding.

10. What if one party violates the MSA after it's been approved?
    If a party violates the MSA terms, the other party can file a motion with the court to enforce the agreement. The court may then take action to enforce compliance, which could include contempt of court charges or other legal penalties.