Legal Question in Family Law in California
Divorce
Hello, my parents are seperating (have been separated) and want to get a divorce soon. But I was wondering if the two people (my parents) agree to some settlement before actually going to court, will the contract withhold? If my mom wants to grant my dad a certain amount of money and he agrees to it (on contract) is it possible he can come back later in the future and demand more money? Please help. Thank you.
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Alex
1 Answer from Attorneys
Re: Divorce
Spouses can always contract to divide community property. As long as there was no fraud or coersion involved, the contract [sometimes called a Marital Settlement Agreement "MSA"] is binding.
After splitting the property, the only way one spouse can "come back later in the future and demand more money." would be in the nature of alimony or spousal support. That is based upon need and ability to pay.
Most MSA's contain waivers of spousal support by either party. If such a provision is in the MSA or contract, then it would be done and over.
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