Marital Dissolution Agreement in Tennessee

The Marital Dissolution Agreement, known as the MDA, is the contract that ends your marriage financially. It divides your property, allocates your debts, and resolves every financial issue between you and your spouse. Once signed and incorporated into your Final Decree of Divorce, it is enforceable as a court order.

The MDA is only as good as the drafting. Vague language, missing contingencies, and overlooked assets create disputes that end up back in court. We draft MDAs that are specific, complete, and built to hold up.

What the MDA Must Cover

A complete MDA addresses: the marital home and any other real estate, whether sold, awarded to one party, or refinanced; personal property, vehicles, and household goods; retirement accounts and pension plans, which typically require a separate Qualified Domestic Relations Order for division; bank accounts and investment accounts; life insurance policies; business interests; and the allocation of all marital debts including mortgages, car loans, credit cards, and student loans.

The Limits of Your Imagination

I tell clients that an MDA is limited only by your imagination and what you can agree on. That is both the beauty and the danger of it. Courts will approve unusual arrangements: one spouse keeps the business, the other gets the retirement account; one gets the vacation property, the other gets the Memphis property; support is structured as a property transfer for tax reasons. But unusual arrangements require careful drafting and sometimes a CPA or financial advisor to make sure the tax consequences are understood before you sign.

What the MDA Cannot Do

An MDA cannot waive child support below the guidelines amount. It cannot include provisions that are illegal or against public policy. It cannot bind third parties. If you agree your spouse will pay the joint credit card and your spouse defaults, the credit card company can still come after you. The MDA gives you a claim against your spouse for breach, but it does not eliminate your liability to the creditor.

Enforcement

A properly executed MDA incorporated into a Final Decree can be enforced through contempt proceedings in Tennessee courts. If your former spouse refuses to follow the terms, whether that means refusing to transfer property, pay an agreed debt, or comply with a buyout provision, we can file to enforce the order and, in appropriate cases, recover your attorney’s fees for having to do so. See also Uncontested Divorce in Memphis and our main divorce page.

William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.