Going through a divorce is not just an emotional journey-it's a legal one. Understanding the difference between a Marital Settlement Agreement (MSA) and a Divorce Decree is crucial, as is knowing what rights and limitations exist while you're separated but not yet legally divorced.
Marital Settlement Agreement (MSA) vs. Divorce Decree
A Marital Settlement Agreement (MSA) is a contract between divorcing spouses that outlines the terms of their separation, covering key aspects like property division, child custody, and financial support. While it serves as a guide for both parties during separation, it does not legally end the marriage. Instead, it acts as a framework until the court officially grants a Divorce Decree-the final, legally binding order that dissolves the marriage.
Until a Divorce Decree is issued, you and your spouse remain legally married, even if you have an MSA in place. This distinction impacts what you can and cannot do while separated.
What You Can Do While Separated
Separation allows spouses to begin living independently while preparing for the next legal steps. Here are some things you can do during this time:
- Live Separately - You can establish separate households, even if the legal process is still ongoing.
- Enter Into a Settlement Agreement - You can negotiate and sign an MSA to determine property division, custody, and financial arrangements.
- Make Financial Arrangements - If both parties agree, temporary spousal or child support payments can begin before the divorce is finalized.
- Date Other People - While still legally married, you are generally free to date. However, in some states, dating before the divorce is finalized can impact spousal support or asset division.
- Buy or Rent Property - You can rent a new home or even purchase one, but in community property states, any assets acquired while still legally married may be considered joint property.
- Co-Parent Under Temporary Custody Agreements - If a temporary custody plan is in place, both parents must follow it.
What You Cannot Do While Separated
Even though separation offers some freedoms, certain legal limitations still apply:
- Remarry - You cannot legally marry another person until your divorce decree is finalized.
- Make Unilateral Financial Moves That Violate the MSA - Selling joint assets, closing accounts, or accumulating large debts may require consent from your spouse or court approval.
- Claim 'Single' on Tax Returns - Until the divorce decree is issued, you must file as either "married filing jointly" or "married filing separately."
- Cut Off Financial Support (If Required) - If the higher-earning spouse is responsible for financial support, obligations must continue during separation.
- Ignore Legal Responsibilities - Any agreed-upon terms in the MSA must be followed, even though the divorce is not yet finalized.
The Benefits of Legal Separation Before Divorce
While separation does not legally end a marriage, it offers several advantages:
- Time for Decision-Making - It allows couples to carefully negotiate terms before the final divorce decree.
- Financial Clarity - A settlement agreement helps define financial responsibilities, easing the transition.
- A Trial Period Before Divorce - Some couples use separation to determine whether they truly want a divorce or if reconciliation is possible.
- Continued Access to Benefits - Some people remain legally married to retain health insurance and other spousal benefits.
Final Thoughts
A Marital Settlement Agreement provides a clear path forward during separation, but it does not legally dissolve a marriage. Until a Divorce Decree is granted, certain restrictions still apply. Understanding your rights and limitations during this period can help you make informed decisions and avoid unnecessary legal complications. Whether separation is a stepping stone to divorce or a chance for reflection, being well-informed is the best way to navigate this transition.
