The Most Expensive MSA Mistakes Are Discovered After Signing
Property division provisions in a signed MSA are generally final. Once the divorce decree is entered, reopening a property allocation is rare and expensive — assuming it is possible at all. The most consequential mistakes in marital settlement agreements are not the ones drafted in bad faith. They are the gaps, the ambiguities, the unintended waivers, and the provisions whose long-term consequences were not visible at the moment of signing.
A focused pre-signing review is one of the highest-leverage uses of attorney time in a divorce. An hour or two of substantive review is a fraction of the cost of post-decree litigation to address an issue that was missed.
Most MSAs that arrive for review look fine on first read. The work of review is finding what is not there — the provisions that should have been addressed and were not, the language that means something different than the parties think it means, and the consequences that play out years after signing.
The Situations We See Most Often
Opposing counsel drafted the agreement
When the other side’s attorney drafts the MSA, the document reflects their client’s interests — not yours. This is not adversarial; it is how legal drafting works. The drafter’s client is the priority. Reviewing what was sent before signing is essential.
You and your spouse drafted something yourselves
Couples who have already worked through their disagreements sometimes draft an MSA at the kitchen table or with the help of a template. Many of these agreements are workable in spirit but incomplete or imprecise in execution. Review identifies what needs to be added or clarified before the agreement becomes binding.
You worked with a mediator
Mediation produces a memorandum of understanding or a draft MSA that reflects the parties’ agreement. Mediators do not represent either party individually. Independent review by your own attorney before signing is the standard practice and is often recommended by the mediator.
You have been represented but want a second perspective
You are entitled to a second opinion before signing a binding agreement. There is nothing improper about having an MSA reviewed by another attorney. For agreements with significant financial consequences, a second look can be worth its cost many times over.
The other side wants you to sign quickly
Pressure to sign is a reason to slow down, not speed up. A few days for substantive review will not derail a divorce that is otherwise on track. If signing pressure is part of the dynamic, that itself is information worth understanding before you proceed.
What We Look At
Every MSA review is tailored to the specific document and the specific situation. The areas below are the recurring categories where issues most commonly surface.
- Completeness. Does the agreement address every issue that needs to be resolved? Silence in an MSA on a real issue is rarely neutral — it is a gap that can produce post-decree litigation.
- Asset characterization. Marital property versus separate property, including the treatment of pre-marital contributions, gifts, inheritances, and increases in value during the marriage.
- Real estate. Sale, refinance, deferred sale, buyout. Timeline, cost-sharing pending transfer, default provisions, and protection against partition risk.
- Retirement accounts. QDRO requirements, valuation dates, treatment of gains and losses pending transfer, and language sufficient to direct the plan administrator.
- Marital debt. Allocation, refinancing requirements, indemnification provisions, and remedies if one party defaults on a debt assigned to them — recognizing that creditors are not bound by an MSA.
- Support and alimony. Whether any post-decree support is owed, the amount, duration, modification rights, and termination triggers including remarriage and cohabitation. Silence on alimony does not always mean it has been waived.
- Tax provisions. Joint return liability, dependency exemptions, and the treatment of asset transfers under federal tax law.
- Custody language, where applicable. Schedules, decision-making, holiday provisions, relocation procedures, and modification standards.
- Modification rights. Which provisions can be modified, which are final, and what triggers a permitted modification.
- Enforceability under Pennsylvania law. Whether the agreement satisfies the requirements that allow it to be incorporated into the divorce decree and enforced as a binding contract.
- Unintended waivers. Boilerplate language can waive claims you did not intend to waive. Review identifies these provisions before they become final.
Note on tax matters: The firm does not provide tax advice. Tax treatment of alimony, retirement transfers, asset distributions, and other divorce-related transactions is fact-specific and depends on federal and state law as it applies to your situation. For analysis of your specific tax position, consult your accountant or tax professional.
“He carefully reviewed everything and pointed out items I would never have caught. The peace of mind alone was worth it.”
Contact UsThe Output of Review
An MSA review produces actionable analysis, not a memo for the file. Depending on the situation, that may take the form of:
- A written summary of what the agreement does and what it does not address.
- Specific revisions to propose — with the language to insert and the reasoning behind it.
- A discussion of any provisions that should be renegotiated, and what realistic alternative terms would look like.
- Guidance on the path to decree once the agreement is in final form — what filings are required, what the timeline looks like, and what to expect at hearing.
If the agreement is sound and ready to sign, the review confirms that. The goal is to put you in a position to sign with full understanding of what the document does — not to find problems where there are none.
The Process
Review begins with a free phone consultation to understand the situation. From there:
- You send the document for review — the proposed MSA, any prior drafts, and any related correspondence that provides context.
- Substantive review is typically completed within one to two hours of attorney time. Complex agreements involving business interests, executive compensation, or multi-property real estate may require longer.
- We discuss what the review found, what to negotiate, what to push back on, and what to accept.
- The path forward is then your decision: sign as-is, sign with revisions negotiated through the other side, or restructure terms that need to be reworked.