Marital Settlement Agreements in Virginia Divorce
Divorce is rarely easy, but clear agreements can make the process smoother and less stressful. One of the most important tools in Virginia divorce cases is the Marital Settlement Agreement (MSA)—sometimes also referred to as a Property Settlement Agreement (PSA).
At the Law Office of Li-Shann Durst, PLLC, we work with families in Ashburn, Loudoun County, Fairfax County, and nearby areas to draft and review agreements that protect rights, clarify obligations, and provide a path forward.
What Is a Marital Settlement Agreement?
A Marital Settlement Agreement is a written contract between divorcing spouses that addresses the major issues in their case, such as:
Division of marital property and debts
Child custody and parenting time schedules
Child support obligations
Spousal support (alimony)
Health insurance and tax considerations
The MSA is submitted to the court as part of the divorce process. If approved, it becomes legally binding and incorporated into the final divorce decree.
Why MSAs Matter
Without an agreement, the court decides these issues for you. That often means longer litigation, higher costs, and outcomes you may not control. An MSA allows you and your spouse to:
Maintain privacy by avoiding courtroom hearings
Create solutions tailored to your family’s needs
Reduce time and expense in the divorce process
Establish clearer expectations for the future
How Attorneys Help Create Fair Agreements
Couples don’t usually walk into a law office already in agreement. More often, they are confused, worried, and uncertain about their rights. An experienced attorney helps by:
Explaining Virginia law and how it applies to your situation
Providing perspective on what a judge might decide if the case goes to court
Offering creative options you may not have considered
Involving other professionals (e.g., financial experts or mental health specialists) when needed
These steps help transform conflict into a workable, legally sound agreement.
Common MSA Provisions
Some examples of what may be included in a Marital Settlement Agreement:
Who keeps the marital home
How retirement accounts and investments are divided
Parenting time schedules (weekends, holidays, vacations)
Which parent claims the child tax credit
Duration and amount of spousal support
Who covers health insurance or extracurricular costs
What Happens if an Agreement Is Challenged?
Even with careful drafting, disputes can arise later. Courts may revisit agreements if:
A party concealed assets during negotiations
A significant change in circumstances affects child-related terms
The agreement was signed under duress or coercion
This is why having an attorney review or draft the agreement is critical.
FAQs About Marital Settlement Agreements
Is a marital settlement agreement required in Virginia divorce?
Not always, but most uncontested divorces require one to resolve all issues before the court grants a final decree.
Can we write our own agreement without lawyers?
Yes, but these agreements must meet Virginia legal standards. Poorly drafted MSAs often lead to disputes later.
Can custody and support be modified later?
Yes. While property division is final, custody and support may be modified if circumstances change.
Related Services
Speak with a Family Lawyer
If you are considering divorce and want to understand your options for a marital settlement agreement, contact us today.
📞 Call the Law Office of Li-Shann Durst at (703) 443-4762 or schedule a confidential consultation.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every case is unique. Please consult an attorney for advice specific to your situation.