Even when spouses are in heated and angry disagreement about issues in their divorce, there are often other things about which the spouses are in alignment. Indeed, to keep costs down and to shorten the length of the divorce case, the spouses should try and agree on as many issues as they can. To document those areas of agreement, the attorneys for the respective spouses carefully draft a “divorce settlement agreement.” Such agreements can go by other names, such as a “marital settlement agreement” or a “separation and property settlement agreement.” However named, this is a very important document that sets out the couple’s agreement and will be “future-looking” in the sense that it will be used to resolve future disputes. Drafting such agreements must be done carefully to ensure that such are valid and enforceable. If you need a divorce settlement or need one reviewed, call us here at the Law Office of Robert Castro at (301) 870-1200. We are seasoned and top-rated divorce attorneys in Waldorf, Maryland.

What should be included in your Maryland divorce settlement agreement depends on the unique circumstances in your case. Generally, you can include agreements about the division of marital property, alimony, and other matters. While you CAN include matters related to minor children, those parts of the agreement will not bind the Maryland divorce court. This is because matters, like child support, related to minor children are exclusively for the Maryland divorce courts to determine.

In any event, if the couple has come to an agreement on various matters, the divorce settlement agreement will be submitted to the divorce court for review. After review by the divorce court judge, the divorce settlement agreement will be incorporated into the court’s final Order that dissolves the couple’s marriage. “Incorporated” means essentially that the divorce settlement agreement becomes part of the court’s Order. This means that the divorce settlement agreement has “double strength” because it is a contract and also part of a court Order. Generally speaking, contracts have certain ways of being enforced, and court Orders have different ways of being enforced. In this sense, a divorce settlement agreement has “double strength.”

Just as importantly, for some issues, divorce settlement agreements can be binding on the Maryland divorce court with respect to future issues. One of the most important concerns is alimony. Maryland statutes specifically permit divorcing spouses to come to an agreement with respect to alimony. Moreover, that agreement can include provisions that eliminate the ability to change the amount of alimony or come to other agreements about future alimony. MD. Fam. Law Code, § 8-103(c). These contract provisions will be enforceable — if drafted correctly — and will bind the Maryland divorce court in the future.

One example comes from the case of Sack v. Sack, Court of Special Appeals (2016). In that case, the couple had signed a divorce settlement agreement that provided that the husband — alimony payor — could seek a modification only if he proved that he had suffered a 20% or greater reduction in his gross annual income. That happened to the husband and upon written request, the Maryland divorce court confirmed he had met the condition and then reduced his alimony requirement. However, the couple did not make any agreement with respect to the retroactive effect of his loss of income. At the time he filed, he was past due on some alimony payments. Thus, since the divorce settlement agreement was silent on that question, the Maryland divorce court ordered the husband to pay the past-due alimony

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.