Illinois Marital Settlement Agreements
Family law attorney Denise Erlich helps couples in Cook, DuPage, Kane, and Will Counties prepare fair and enforceable marital settlement agreements. When divorcing spouses can agree on the division of assets and liabilities, and child support and spousal maintenance before they go to court, they can avoid drawn-out, expensive legal battles.
What Is a Marital Settlement Agreement in an Uncontested Divorce?
When you file an uncontested divorce in the greater Chicagoland area, and you and your spouse have property, debts or children, Illinois law requires you to submit a Marital Settlement Agreement (MSA) to the Court. An MSA is a binding contract that outlines how you will divide marital assets and debts, whether either spouse will pay maintenance, how child support will be structured, and other financial matters.
Under the Illinois Marriage and Dissolution of Marriage Act, a judge must review and approve the MSA. If the agreement is deemed fair and not unconscionable, the court will incorporate it into the Judgment for Dissolution of Marriage, making it legally enforceable.
Creating a Marital Settlement Agreement
Creating a Marital Settlement Agreement in Illinois is about more than plugging a few numbers into a form and signing your name. With the preservation of rights and numerous financial aspects to be addressed, recitals to be made, terms to be outlined, and clauses to be entered, your Marital Settlement Agreement could include upwards of 30 pages.
Common Provisions in Illinois Marital Settlement Agreements
When creating your Marital Settlement Agreement, divorce lawyers will help you go over a wide range of subjects, including but not limited to:
Division of marital and non-marital property
Retirement accounts, pensions, and investment assets
Debt
responsibility
Health insurance and medical expenses
Child support and contributions to college expenses
Income tax filing status
Provisions for modification, enforcement, and dispute resolution
Once both spouses sign, the agreement is binding. However, it only becomes a court order once a judge reviews and enters it into the divorce judgment.
Staying on Track to Reach an Agreement
It’s not uncommon for divorcing couples to begin a divorce with the intention of ending their marriage amicably, only to end up in a contested divorce once topics like finances and children come into play.
If negotiating the terms of your Marital Settlement Agreement has caused tension to build between you and your spouse, divorce attorney, Denise Erlich, can help you stay focused on the task at hand. Staying on track during negotiations can help you:
- Have more control over your financial future
- Avoid the expense of a lengthy court battle
- Minimize stress for you and your children
- More quickly enter the next chapter of your life
Modifying and Enforcing a Marital Settlement Agreement
Even well-drafted settlement agreements may need adjustments later. Illinois law allows for post-decree modification of MSAs if there is a substantial change in circumstances, such as job loss, medical issues, or major income changes.
If one spouse fails to follow the agreement, the other may file a petition for enforcement. Courts can impose remedies including wage garnishment, contempt findings, or financial penalties. Denise Erlich represents clients across Cook, DuPage, Kane, and Will Counties in both modification and enforcement proceedings.
FAQs About Marital Settlement Agreements in Illinois
Can I modify my Marital Settlement Agreement in Illinois?
Yes. If circumstances change significantly, you may request a modification, especially for child support or maintenance provisions.
What happens if my spouse and I cannot agree about support obligations?
You may need mediation or court intervention. An experienced divorce attorney can advise you regarding the statutory guidelines for child support and maintenance, what is considered “income” by the court in calculating each parent’s income for purposes of calculating child support and maintenance, and ways to structure payments for child support and maintenance when the income of one or both spouses fluctuates from year-to-year.
Do I have to split assets evenly with my spouse when divorcing in Illinois?
No. Illinois is an equitable distribution state, meaning property is divided fairly, but not always equally.
What happens if my spouse violates our Marital Settlement Agreement?
You can file a petition for enforcement. Courts may impose fines, interest, or contempt sanctions to ensure compliance.
How do I file a Marital Settlement Agreement with the court?
Your attorney will draft the agreement, have both parties sign, and submit it to the judge during your uncontested divorce hearing. The judge reviews it for fairness before approving it.
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“Erlich Law Office helped me with exactly what I needed while going through a divorce. Not only was Denise thorough and professional she was compassionate as well. Denise helped me to understand my rights but also to make sure that my long term interests, and the interests of my children, were well protected. Her rates were very reasonable and she was able to connect me to other resources that I was in need of during this very difficult time in my life.”