What Happens After a Marital Settlement Agreement?January 13, 2022
Last Updated: June 2025
The goal of every divorce case is to reach an agreement with your spouse. A Marital Settlement Agreement (MSA) is a legal contract that defines the terms of your divorce. An MSA must address a variety of issues, depending on the needs of your case. Now, it’s normal to be preoccupied with the settlement process as it’s what most people are concerned about. With that being said, what happens after a marital settlement agreement isn’t talked about enough.
Indeed, it’s important that you understand what happens so you can best navigate this experience. This is why we thought it would be useful to put together a brief discussion on this subject. If this is something that you want to learn more about, read on as we break down everything you need to know about what happens after a marital settlement agreement.
Related Post: Common Misconceptions on the Division of Marital Assets
What You Have to Understand about MSAs
You are advised to consult a divorce attorney in order to draft this agreement. Doing so will ensure that you have a qualified professional who is familiar with the intricacies of the law and can write an agreement that is legally binding.
Before you sign a marital settlement agreement, your attorney should carefully review it and make sure that everything is in order. If your spouse’s attorney draws up the document, you need to have your own attorney go over it with you to make sure everything was done correctly and is free of any mistakes. Even if it doesn’t seem like there is anything wrong, it is best to check with a lawyer.
What Happens If the Agreement Is Not Upheld?
What happens if I violate the terms of the agreement? If you do have a good relationship with your ex-spouse, then you might not have anything to worry about. However, if you and your ex-spouse don’t have a good relationship, you might pay for violating the initial agreement.
When either spouse breaks a the terms of a Marital Settlement Agreement, the court can step in to enforce the agreement. When the court becomes involved, not only can the terms be enforced, but the party who violated the agreement could be held responsible for the other party’s attorney fees and court costs. By fully understanding the terms of the contract before you sign it, you can follow its terms without getting into trouble.
What Happens After You Sign a Marital Settlement Agreement?
Once both spouses sign the MSA and it is approved by the court, it becomes an enforceable part of your divorce decree. Here’s what happens next:
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Court Approval: A judge reviews the agreement to ensure it is fair and in compliance with Pennsylvania law.
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Divorce Finalization: Once the judge signs off, your divorce is finalized, and the MSA terms go into effect.
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Legal Obligations Begin: Each party must begin following the agreement, including financial responsibilities, custody arrangements, and property transfers.
If either party violates the terms, legal consequences may follow.
What If My Ex-Spouse Violates the Agreement?
When one party fails to follow the terms of the MSA, the other party can file a motion for enforcement with the court.
Common violations include:
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Failing to pay alimony or child support
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Not transferring property as agreed
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Violating custody or visitation schedules
In Pennsylvania, if the court finds someone in violation, they may:
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Enforce compliance through court orders
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Require the violating party to pay attorney fees or court costs
If you believe your ex-spouse is violating the MSA, consult with a divorce enforcement attorney in Harrisburg, PA to explore your legal options.
Can a Marital Settlement Agreement Be Modified?
Yes, an MSA can be modified after divorce—but both parties must agree to the changes. Life circumstances can change, and the agreement may need to be updated to reflect:
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Job changes or loss of income
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Relocation
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Changes in child custody or support needs
To change an MSA:
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Both parties must consent to the proposed changes.
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You must file the revised terms with the court for approval.
If your ex-spouse refuses to agree, the court generally won’t allow unilateral changes unless there’s a significant and provable change in circumstances.
A family law attorney can help you evaluate whether a modification is possible and how to pursue it legally.
Marital Settlements Don’t Have to Be Complicated
As you can see, marital settlements don’t have to be difficult. While both you and your ex-spouse may need some time to adjust, it will all work out in the end as long as you have a good settlement in place. To ensure that everything goes smoothly, we recommend working with a professional divorce lawyer that can help you get through the entire process.
Are you looking for divorce lawyers in Pennsylvania? We here at DaleyZucker have got you covered. We are committed to the clients we represent and to our community, providing sound and ethical counsel. For more information on what we can do for you, visit our website today!
