A marital settlement agreement (MSA) is a written, legally binding contract divorcing spouses create to resolve their marital issues incident to a divorce. It outlines the terms of issues such as division of assets and debts, alimony, and child custody, visitation, and child support. An MSA may go by different names depending on where the spouses live, sometimes referred to as a divorce settlement agreement, marital separation agreement, or stipulated judgment.

Throughout the semester, you will draft an MSA.  While you are not required to turn in the final MSA until the end of the course,  you are encouraged to work on it as we proceed through the class.  It is important that you clearly define each spouse’s rights and responsibilities in the MSA. 

In an actual divorce, the couple would submit the MSA to a Judge for consideration and once approved, the Judge would incorporate the contract into the parties’ final divorce decree.  Accordingly, you should draft the agreement as if you would be submitting it on the spouse’s behalf.