Can my spouse and I agree on how to divide our marital estate?
December 17, 2023
Yes. Spouses who are divorcing can negotiate a marital settlement agreement or property settlement agreement to decide how they wish to divide marital assets and liabilities. A divorcing couple’s property settlement agreement or marital settlement agreement can then be incorporated by the court into the final judgment of divorce to make the parties’ agreement an enforceable court order, which may be needed to affect certain aspects of an equitable distribution such as dividing up pension or retirement account benefits.
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