Is it true that Marital Settlement Agreement rulings may need to be re-litigated at divorce following 5 years legal separation?

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Is it true that Marital Settlement Agreement rulings may need to be re-litigated at divorce following 5 years legal separation?

Anonymous Aug 28, 2017 Business 2 views 3 answers

Our MSA has been previously litigated at trial and spousal support has been ruled non-modifiable by the court. We're coming up on 5 years legally separated. Is there existing contract law which makes it possible for the MSA terms to be re-litigated with divorce should it be challenged AGAIN? (was challenged twice already and a trial with no avail) Is divorcing prior to the 5 year mark a smart move to retain the court order in order to keep myself out of court re-hashing years of litigation?

Judith Routledge · Accepted Answer · 2026-06-15T18:29:40+00:00

If you have a Judgment of Legal Separation, then all property issues have been resolved. I don't know to what you are referring when you say "5 year mark."

Edna Straus · Accepted Answer · 2026-06-15T18:29:40+00:00

Settlement agreement and litigation don't mesh. Litigation produces judgments. Agreements are not the result of not litigating. So I think you're confused.

Gregory Benton · Accepted Answer · 2026-06-15T18:29:40+00:00

I dont' know who you are talking to but it's a bad source. Once an MSA is signed it then becomes a judgment. The judgment is final. Period. If you need to get divorced, then you will file a new petition for divorce of the status only. No rehashing the division of assets and debts and support issues. No litigation needed.

Is it true that Marital Settlement Agreement rulings may need to be re-litigated at divorce following 5 years legal separation?

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