Not necessarily. Spouses to a divorce action may ask the court to incorporate the terms of their marital settlement agreement into the final judgment of divorce. If the agreement terms are incorporated into the judgment, the agreement effectively becomes a court order. This can make it easier for one spouse to enforce the terms of the marital settlement agreement if their ex later fails to comply with the agreement. However, a marital settlement agreement that isn’t incorporated into the judgment of divorce can still be enforced through a breach of contract action, but this is often more expensive and time consuming.