Marital Settlement Agreement Indiana

Marital Settlement Agreement Indiana: Everything You Need to Know

In the state of Indiana, a marital settlement agreement (MSA) is a legal document that outlines the terms and conditions of a divorce settlement. This agreement is signed by both parties and becomes a legally binding contract once it is approved by a judge.

If you are going through a divorce in Indiana, it is essential to understand what a marital settlement agreement is and how it can benefit you. This article will discuss everything you need to know about an MSA in Indiana, including its purpose, contents, and how to create one.

What is a Marital Settlement Agreement?

A marital settlement agreement, also known as a divorce settlement agreement, is a written document that details how a couple plans to divide their marital property and resolve other issues related to their divorce. This agreement can include a wide range of terms, such as child custody and support, spousal support, division of assets and debts, and more.

The purpose of a marital settlement agreement is to provide a clear and detailed plan for the distribution of property and other issues related to the dissolution of a marriage. This agreement can help prevent future disputes and minimize the need for court intervention.

What Does a Marital Settlement Agreement Include?

In Indiana, a marital settlement agreement will typically include the following terms:

1. Division of Property: This section will outline how the couple plans to divide their marital property, including real estate, bank accounts, retirement accounts, investments, and personal property.

2. Child Custody and Support: If the couple has children, the MSA will address issues related to custody, visitation, and child support.

3. Spousal Support: The MSA may also include terms related to spousal support or alimony payments.

4. Debts: This section will address the division of debts incurred during the marriage, including credit cards, loans, and mortgages.

5. Legal Fees: The MSA may also include terms related to the payment of legal fees incurred during the divorce process.

How to Create a Marital Settlement Agreement in Indiana

Creating a marital settlement agreement in Indiana involves several steps, including the following:

1. Discuss the Terms with Your Spouse: Before drafting an MSA, you and your spouse should discuss the terms of the agreement and try to reach a mutual agreement.

2. Hire an Attorney: To ensure that your rights are protected and that the agreement is legally sound, it is recommended to hire an experienced divorce attorney.

3. Draft the Agreement: Your attorney will work with you to draft a comprehensive MSA that includes all the necessary terms and conditions.

4. Sign the Agreement: Once the MSA is drafted, both parties will need to sign the agreement.

5. Submit the Agreement to the Court: After the MSA is signed, it must be submitted to the court for approval. Once the court approves the agreement, it becomes a legally binding contract.


A marital settlement agreement is an essential legal document that outlines the terms and conditions of a divorce settlement in Indiana. It is crucial to ensure that this agreement includes all necessary terms and is legally sound to prevent future disputes. By working with an experienced divorce attorney, you can create a comprehensive MSA that protects your rights and interests.

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