Pennsylvania Marital Settlement Agreement
A Pennsylvania marital settlement agreement lets divorcing spouses divide their marital property and debts, set spousal support, and address custody and child support, then have those terms carried into the divorce decree. Attorney review available.
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Introduction
In Pennsylvania a marital settlement agreement is enforceable whether or not it is merged or incorporated into the decree (23 Pa.C.S. 3105); it is the written contract divorcing spouses use to settle their property, debts, spousal support, and (by reference) custody and child support, so the terms can be carried into the decree that ends the marriage. Pennsylvania is an equitable distribution state: marital property, meaning all property acquired by either party during the marriage and the increase in value of any nonmarital property (23 Pa.C.S. 3501), is divided equitably, in such percentages and in such manner as the court deems just and without regard to marital misconduct (23 Pa.C.S. 3502). Equitable means fair, not automatically equal, so a court weighs each situation. A Pennsylvania marital settlement agreement lets you set that division yourselves instead of leaving it to the judge. Pennsylvania has no formula for post-divorce alimony, which is discretionary and allowed only if the court finds it necessary after weighing the factors in 23 Pa.C.S. 3701; spousal support and alimony pendente lite paid while the case is pending do follow the statewide support guideline mandated by 23 Pa.C.S. 4322. Custody and child support follow that same statewide guideline (23 Pa.C.S. 4322), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Under 23 Pa.C.S. 3105 the agreement is enforceable whether or not it is merged or incorporated into the decree. A mutual-consent divorce requires 90 days from filing (23 Pa.C.S. 3301(c)). DocDraft builds your Pennsylvania marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Pennsylvania a court divides marital property in the percentages and manner it deems just and without regard to marital misconduct, and a Pennsylvania marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be carried into the decree that ends the marriage.
- 2
Pennsylvania is an equitable distribution state: marital property is all property acquired by either party during the marriage plus the increase in value of any nonmarital property (23 Pa.C.S. 3501), and it is divided equitably, meaning fairly but not automatically equally.
- 3
A court divides marital property in such percentages and in such manner as it deems just, and without regard to marital misconduct (23 Pa.C.S. 3502). A Pennsylvania marital settlement agreement lets the spouses agree on that division themselves instead of leaving it to the judge.
- 4
Pennsylvania has no formula for post-divorce alimony. Alimony is discretionary and allowed only if the court finds it necessary after weighing the factors in 23 Pa.C.S. 3701. Spousal support and alimony pendente lite paid while the case is pending do follow the statewide support guideline (23 Pa.C.S. 4322).
- 5
Child support follows Pennsylvania's statewide support guideline (23 Pa.C.S. 4322), which carries a rebuttable presumption that the guideline amount is correct. Custody and child support stay subject to court approval, follow the best interests of the children, and remain modifiable, so they cannot be bargained away.
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Under 23 Pa.C.S. 3105 a marital settlement agreement is enforceable whether or not it is merged or incorporated into the decree, and its property and support terms can be modified later only where the agreement itself allows it.
- 7
A mutual-consent divorce may be granted 90 days after the action is filed once both spouses file affidavits of consent (23 Pa.C.S. 3301(c)); a divorce based on irretrievable breakdown without consent requires the spouses to have lived separate and apart for at least one year (23 Pa.C.S. 3301(d)).
Key decisions before you file
Before you file a Marital Settlement Agreement in Pennsylvania, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Pennsylvania Requirements for Marital Settlement Agreement
Equitable Distribution, Not Community Property
Pennsylvania is an equitable distribution state. Marital property is all property acquired by either party during the marriage plus the increase in value of any nonmarital property (23 Pa.C.S. 3501), and it is divided equitably, meaning fairly but not automatically equally.
Division in Just Percentages
A court divides marital property in such percentages and in such manner as it deems just, and without regard to marital misconduct (23 Pa.C.S. 3502). A Pennsylvania marital settlement agreement lets the spouses agree on the division themselves instead of leaving it to the judge.
No Formula for Post-Divorce Alimony
Post-divorce alimony has no statewide formula and is discretionary, allowed only if the court finds it necessary after weighing the factors in 23 Pa.C.S. 3701. Spousal support and alimony pendente lite paid while the case is pending follow the statewide support guideline (23 Pa.C.S. 4322).
Child Support Follows the Guideline
Child support follows the Pennsylvania statewide support guideline (23 Pa.C.S. 4322), which carries a rebuttable presumption that the guideline amount is correct. Parents may agree on an amount, but only subject to court approval, and support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Pennsylvania marital settlement agreement remain subject to court approval, follow the best interests of the children, and can be modified later. These terms are never fixed the way a property division can be.
In Writing and Signed
A Pennsylvania marital settlement agreement must be in writing and signed by both spouses to be an enforceable contract. No statute requires the agreement itself to be notarized, but signing before a notary can help prove the signatures are genuine.
Enforceable Whether Merged or Incorporated
Under 23 Pa.C.S. 3105 the agreement is enforceable whether or not it is merged or incorporated into the decree, so its terms carry the same remedies as a court order. An agreement incorporated but not merged also survives as an independent contract unless the spouses agree to merge it.
Statutory Waiting Periods
A mutual-consent divorce may be granted 90 days after the action is filed once both spouses file affidavits of consent (23 Pa.C.S. 3301(c)). A divorce on irretrievable breakdown without consent requires at least one year of separation (23 Pa.C.S. 3301(d)).