What Is a Divorce Settlement Agreement?~ 3 min read

A divorce settlement agreement, also known as a marital settlement agreement or martial separation agreement, outlines how you and your spouse will divide property, debt,  and sometimes even pets. If done correctly, it helps avoid future court battles and brings your divorce to a final resolution.

When you and your spouse agree to divorce, you need to sort out the practical parts of ending a marriage. A divorce or marital settlement agreement is the legal document that covers those decisions. It lists all of your assets and debts, explains who gets what, and includes protections to reduce the risk of disputes and litigation later on.

Even if you think something belongs only to you, like a retirement account or property you owned before the marriage, it still needs to be included in the agreement. If you leave something out, a Missouri court could later decide that the divorce was incomplete, which can open the door to another round of legal proceedings.

Each of your accounts should be identified by its exact name. For example, listing just the bank name is not enough. You may need to include the last four digits of account numbers, the exact name of the retirement plan, or legal descriptions for real estate. The goal is to be specific so there is no confusion later.

The settlement agreement should also include a list of any debt and who will be responsible for it. It might also address tax filings, refunds, audits, and previous estate planning. If there are retirement accounts, the agreement needs to explain how those accounts will be divided and who will handle the paperwork. You can also include personal matters, like pet arrangements or how certain household items are split.

Unlike a court judgment, an agreement lets you and your spouse include added protections. These can cover interest for late payments, detailed payment terms, or reimbursement rules if someone does not pay a shared debt. These additions can help you avoid going back to court in the future.

Even when you settle everything through either Mediation or the Collaborative Divorce process, the final agreement is typically drafted by an attorney. It is reviewed and edited by both sides before either of you sign it. This allows you both to have a chance to understand what you have agreed to and to avoid future surprises.

A divorce or marital settlement agreement helps you move forward without the stress of loose ends. By covering all the details up front, you give yourself peace of mind and reduce the risk of future disputes.

At Family Ally, we help you settle your divorce with care and thoughtfulness. If you are ready to make informed decisions and reduce the need for future court involvement, contact Jennifer Piper at 314-449-9800 to schedule a consultation and learn how we can guide you through this process.

Jennifer Piper

Jennifer R. Piper is a family law attorney, mediator, and parenting coordinator with more than 20 years of experience serving families in the St. Louis area. She is certified as a Guardian ad Litem and frequently appointed by courts to represent children in high-conflict cases. Jennifer is a former Chair of the Family and Juvenile Law Section of the Bar Association of Metropolitan St. Louis and an active leader in local and state bar organizations.
Her professional recognition includes being named to The Best Lawyers in America® (2017–2024), Missouri Super Lawyers (2021–2024), and receiving a Women’s Justice Award from Missouri Lawyers Weekly. Jennifer also holds an AV Preeminent rating from Martindale-Hubbell. She regularly speaks on family law topics and has helped shape family court procedures through her service on multiple committees.

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