The Validity of a Marital Settlement Agreement & the Statute of Limitations
The statute of limitations does not generally apply to domestic relations cases: a domestic relations case may generally be brought at any time. This is limited, however, after a separation agreement has been adopted by a court.
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Marital Agreements
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A marital settlement agreement can be in one of two forms: a separation agreement and a dissolution agreement. A separation agreement legally operates much like a divorce, though it leaves a couple legally married. Custody, spousal support and asset distribution, among other things, can be allocated in a legal separation. A dissolution agreement is essentially a divorce where the married couple agrees on an end to the marriage and allocation of parental rights, assets, debts and support. Both of these agreements must be adopted by a court in order to be enforceable.
Statute of Limitations
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A statute of limitations creates a deadline for the filing of an action. If the deadline passes before a party has commenced a lawsuit, that party may be barred from having that action decided by a court.
There is no statute of limitations for either separation or dissolution agreements--they may be filed as long as the marriage exists.
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Limits on Marital Settlement Agreements
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The court that adopted the settlement agreement retains the power to alter that agreement after the fact regarding the children of the marital relationship. This power, covering both custody and support, lasts until all the children in common become adults. A court also retains the power to alter a spousal support determination if a substantial change in circumstances occurs.
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