When a couple decides to end their marriage, they often enter into a marital settlement agreement (MSA) to establish the terms of their divorce. The MSA outlines everything from property division to child custody, and both parties are legally obligated to follow it. However, violations of the MSA can and do occur. In this article, we’ll explore what happens when a violation occurs and how to address it.

What Constitutes a Violation?

A violation of the MSA occurs when either party fails to follow the agreed-upon terms. Common examples include failing to pay spousal or child support, not turning over property, and interfering with child visitation rights. Essentially, anything that is outlined in the MSA and not followed can be considered a violation.

What to Do if a Violation Occurs?

If you believe your ex-spouse has violated the MSA, the first step is to review the agreement. Make sure you fully understand the terms and confirm that a violation has occurred. Next, try to resolve the issue through communication or mediation. If this doesn’t work, you may need to take legal action.

Legal Action

Legal action for a violation of the MSA depends on several factors, including the severity of the violation and the extent to which it has impacted you. Here are a few options:

Filing a Motion for Contempt: A motion for contempt is a legal document that asks the court to hold your ex-spouse in contempt for violating the MSA. This can result in fines, jail time, or both.

Filing a Motion to Enforce: If your ex-spouse is not following the MSA, you can file a motion to enforce the agreement. This asks the court to enforce the terms of the agreement.

Changing the MSA: If you believe the violation is significant enough, you may want to consider changing the MSA. This can be done through negotiation or with the help of a mediator.

Conclusion

Violations of the MSA can be frustrating, but there are steps you can take to address them. Remember to review the agreement, try to resolve the issue through communication or mediation, and seek legal action if necessary. With persistence and patience, you can ensure that the terms of the MSA are upheld, and your divorce is settled fairly.