Marital settlement agreements (MSAs) can be wonderfully helpful tools for some divorcing couples in reducing the amount of time, stress and acrimony that can sometimes be involved in litigating issues before a judge. The key to resolving your issues by agreement, though, is to be sure that you fully understand everything in your agreement and that the agreement is a fair resolution. To aid in those goals, as well as all the other ones related to your case, be sure you have reliable South Florida family law counsel on your side.
For an example of how a seemingly straightforward MSA can eventually lead to considerable litigation, there’s the recent case of H.W. and D.W. As a bit of background, H.W. and D.W. had been married for 17+ years when they divorced in 2008. That meant that, under Florida law, theirs was a “long-term” marriage, which could potentially impact certain divorce-related things like alimony.
The couple, however, resolved alimony (among other things) through an MSA. The spouses signed not only an MSA, but also an addendum to that agreement. The documents required the husband to make monthly alimony payments to the wife of 30% of his income or $2,000, which ever was more. The agreement also required him to keep paying until she died, remarried or entered into a cohabitative relationship.