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Understanding a Marital Settlement Agreement in NJ

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cartoon of couple each signing a paper, the Marital Settlement Agreement (MSA)

Marital Settlement Agreement (MSA): What To Know

Divorce is never easy, but having an explicit, legally binding agreement in place can reduce stress, avoid conflict, and protect your rights. In New Jersey, a Marital Settlement Agreement (MSA)—also known as a Property Settlement Agreement (PSA)—is a critical document that outlines the terms of your divorce. Whether you’re filing for a contested or uncontested divorce, this agreement is essential to finalizing the process reasonably and efficiently.

At Dalena & Bosch, we specialize in New Jersey divorce law, and we understand the emotional and legal challenges that come with ending a marriage. This guide explains everything you need to know about MSAs in NJ—what they include, how they’re created, and why you need an experienced family law attorney on your side.

Is a Marital Settlement Agreement (MSA)?

A Marital Settlement Agreement is a written contract between spouses that lays out all the terms of their divorce. It includes essential decisions about:

Once signed and approved by a judge, the MSA becomes part of your Final Judgment of Divorce and is legally enforceable.

Is an MSA Required in New Jersey?

While not legally required, a Marital Settlement Agreement is strongly recommended, especially if you want to avoid prolonged court proceedings. In many cases, NJ courts expect divorcing spouses to negotiate and submit an MSA before a final hearing. Without one, the court must decide on all contested issues, which can be costly and time-consuming.

An MSA can be used in both contested and uncontested divorces. In uncontested cases, the agreement may be submitted with your initial filing to speed up the process. In contested cases, negotiation and mediation may be necessary before an agreement is reached.

What Should Be Included in an MSA?

Every divorce is unique, but a comprehensive marital settlement agreement MSA in New Jersey typically includes:

1. Equitable Distribution of Property

New Jersey is an equitable distribution state, not 50/50 by default. This section outlines who gets what: homes, cars, bank accounts, pensions, businesses, debts, and more.

2. Spousal Support / Alimony

If one spouse is entitled to financial support, this section outlines the amount, duration, and type of alimony (limited duration, open durational, rehabilitative, or reimbursement).

3. Child Custody and Parenting Time

If children are involved, your MSA must include a custody and parenting plan that addresses legal custody (decision-making authority) and physical custody (where the child lives).

4. Child Support and Expenses

The MSA should outline how much child support will be paid, who will cover health insurance, childcare, extracurricular activities, and future college costs.

5. Life and Health Insurance

This section often includes provisions requiring one or both parties to maintain life insurance policies for the benefit of the children or ex-spouse, as well as continued health insurance (e.g., via COBRA).

6. Taxes and Liabilities

Decisions about who claims the children as dependents, how refunds or debts are handled, and any other relevant tax matters should be addressed.

How Is a Marital Settlement Agreement Created in NJ?

Creating an MSA involves negotiation, disclosure, and ideally legal representation. Here’s how the process typically works:

  1. Full Financial Disclosure – Each spouse must provide accurate financial records, including assets, liabilities, income, and expenses.
  2. Negotiation or Mediation – Spouses work together (often with the help of attorneys or mediators) to reach a mutual agreement.
  3. Drafting the Agreement – Once terms are decided, a family law attorney drafts the MSA in formal legal language.
  4. Review and Revision – Both spouses review the draft with their respective attorneys and make any necessary revisions.
  5. Sign and File with the Court – Once finalized, the signed MSA is submitted to the court for review and approval.

Is an MSA Legally Enforceable in NJ?

Yes. Once incorporated into the Final Judgment of Divorce, your MSA becomes a court order. This means:

However, changes aren’t automatic. You must prove a substantial change in circumstances to warrant a legal modification.

Why You Need an Experienced NJ Divorce Attorney

Divorce is more than just paperwork—it affects your finances, parenting rights, and future stability. Attempting to write an MSA without a skilled attorney can result in:

At Dalena & Bosch, our family law attorneys have decades of experience drafting, negotiating, and reviewing MSAs for clients throughout New Jersey. We ensure your agreement is transparent, fair, and legally sound, so you can move forward with peace of mind.

Common Mistakes to Avoid When Drafting an MSA

Here are some pitfalls we help our clients avoid:

Every clause in your MSA matters. It’s a roadmap for your future, and it must be airtight.

Schedule a Consultation with Dalena & Bosch Today

Going through a divorce is hard enough—don’t go through it alone. At Dalena & Bosch, we are here to guide you through every step of the MSA process with compassion and expertise. Whether you’re facing a high-conflict divorce or seeking a peaceful resolution, our goal is to protect your best interests and secure your future.

Located in New Jersey, we serve clients across Morris County, Essex County, Union County, and beyond.

Take the Next Step Toward a Secure Future

If you’re considering divorce or need help drafting a Marital Settlement Agreement in NJ, contact Dalena & Bosch Family Law Attorneys today for a confidential consultation. Let our experienced team provide the legal clarity and support you need.

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