Your spouse may have breached your California divorce settlement agreement if they failed to comply with the terms in the agreement or in the final divorce decree if you are already divorced. A breach can involve various aspects of the agreement, such as not adhering to spousal support, child custody, asset division, or various other terms outlined in your document. If you are unsure whether or not your spouse has violated the agreement, contact Wail Sarieh at Sarieh Law Offices. Wail is a certified family law specialist, offering unrivaled expertise in issues like California divorces, separations, custody, and visitation.

Understanding a Marital Settlement Agreement (MSA)

A Marital Settlement Agreement is a legally binding document used by spouses who choose to separate but do not want to immediately file for divorce. These agreements outline important divorce and separation-related matters like the division of assets and debts, spousal support, child custody, and other issues. An MSA essentially establishes terms similar to a divorce settlement without actually ending the marriage.

In many instances, the terms of these agreements are non-modifiable. Issues like support and custody can be modified if a substantial and material change of circumstances can be shown, but other terms included in an MSA cannot be changed in the future. It’s important that you ensure that your rights and interests are protected when it comes to issues like property distribution. An MSA includes terms that will likely substantially impact your life, including where you live, how bank accounts are divided, and what furniture or vehicles you keep.

Another reason it’s crucial that you carefully consider the terms included in your MSA is that they are generally incorporated into the final decree of divorce. If you want to consult a divorce attorney before proceeding with your MSA, contact Sarieh Law Offices to schedule a free case evaluation.

What Is a Stipulated Judgment?

Another option for separating spouses is a stipulated judgment, which is similar to an MSA. Stipulated judgments are typically shorter than MSAs, but they are binding and enforceable in civil and criminal court.

Key Terms Included in a Stipulated Judgment or Marital Settlement Agreement

The terms that you include in your MSA or stipulated agreement will be unique to your situation. If you have extensive property, your equitable distribution terms may be more complex than those of spouses who do not own any real property or vehicles. Spouses with children will have extra terms that childless spouses do not have.

Creating a personalized and thorough agreement is crucial. Again, depending on the specific circumstances of your marriage and divorce, you may want to consider including terms in your MSA or stipulated judgment that address the following:

  • A parenting plan with custody, visitation, and support terms
  • Future or current college expenses for children
  • Vehicle use and titling
  • Real property and mortgages
  • Filing taxes
  • Waivers of liability
  • Spousal support

What Happens If My Ex-Spouse Violates the Marital Settlement Agreement?

You may have a few options if your ex-spouse violates your MSA, including filing a contempt of court action against your ex-husband or ex-wife, filing a motion to compel, or filing a motion to seek sanctions. The right choice will depend on the provisions that have been violated and your end goal.

Common types of MSA violations include non-payment of alimony or child support, visitation violations, failing to transfer assets, and not paying debts as ordered. This list is not exclusive because refusing to follow any terms of the agreement could constitute a violation that is grounds for legal action.

What is a 664.6 Motion?

If you have a verbal or written agreement with your spouse, but they refuse to sign the MSA or stipulated judgment, you may be able to file a 664.6 motion. This motion applies in situations where the terms of an agreement are enforceable, but the other party is refusing to sign the document. Filing a 664.6 motion initiates a legal proceeding with the family court to have the agreed-upon terms incorporated into a court judgment.

Contact a California Certified Family Law Specialist

The attorney at Sarieh Law Offices has helped countless Californians navigate complex separations and divorces. With specialized and in-depth knowledge of family law matters, Wail Sarieh provides expert legal representation to his clients, including those entering into Marital Separation Agreements. Contact us today to schedule a free case evaluation and find out more about the difference a certified family law specialist can make in your divorce.