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  1. #1
    Join Date
    Sep 2016

    Default Property Settlements and Property Rights Following Divorce and Reconciliation

    A couple in Florida divorced and entered into a marital settlement agreement (MSA) that provided, "Reconciliation shall not affect the provisions of this agreement concerning the property rights of the parties. If the parties reconcile and thereafter separate, this agreement shall continue to be binding".

    They subsequently reconciled, remarried, and are again divorcing. Is the provision of the earlier MSA still effective and enforceable?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Propert Settlements and Property Rights Following Divorce and Reconciliation

    The simple answer is yes, based on those facts there is no reason to believe that the provision is not enforceable. The more complicated answer is that the extent to which it is enforceable will depend upon factors including the full terms of the judgment, how the parties treated the property at issue after reconciliation, and the equities of the situation. For example, it may be possible for a party to argue that despite the language of the earlier MSA, items of property identified in the MSA have merged into the subsequent marital estate.

    If one of the parties is trying to avoid the MSA, the parties should have the MSA reviewed by their current divorce lawyers, who can advise them about how a court is likely to interpret and apply the provision under the current facts.

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