Marital Settlement Agreements in New York

How Our Lawyers Can Help You

When considering divorce, there are many terms that must be hammered out before coming to a resolution. The actual resolution is called a marital settlement agreement. These agreements include everything from asset division to child custody and everything in between. While some agreements are decided upon in court, many can be settled outside of court by way of uncontested divorce. Every single factor that needs to have a resolution will go into writing. When these terms are listed in the marital agreement, they become the stipulations that both spouses now have to live by.

Our attorneys at Eiges & Orgel, PLLC have handled thousands of divorces throughout New York. Let us help you through this difficult time with a comprehensive consultation today.

What Goes Into a Divorce Agreement?

The marital settlement agreement can cover a lot of bases, but in some cases they may not.

Some possible issues that may arise during this process are:

• Parenting agreements
• Child support
• Spousal support (otherwise known as alimony)
• Asset division
• Status of the home
• Debt division
• Resolutions about how future disputes will be handled

While this may seem like a crowded list, it is only for the purpose of avoiding future conflict and confusion among the spouses.

The purpose of a marital settlement agreement is to formulate a comprehensive document that will be legally binding for both spouses. This is why so many different factors must be decided upon. In some cases, spouses will have a prenuptial agreement which may make this agreement easier to form, but even without a prenuptial agreement a marital settlement agreement can be reached without going to court. An experienced attorney can help explain this process.

Can My Marital Settlement Agreement Ever Be Changed?

A marital settlement agreement is the legally binding document that is a result of divorce proceedings. All the conditions of the divorce are included in this document. Although the document is legally binding, and in the case of uncontested divorce you likely agreed to all these terms, you may want these terms changed in the future. In the event that you or your spouse want the terms of this agreement changed, you can file for a modification which may or may not be granted.