What exactly is a Marital Settlement Agreement?

A Marital Settlement Agreement (also called a divorce settlement agreement, property settlement agreement, or separation agreement) is a written contract between spouses that resolves all issues arising from your divorce. It typically covers division of property and debts, spousal support (alimony), child custody, visitation schedules, and child support. Once signed by both parties and approved by the court, it becomes a legally binding order that governs your post-divorce relationship and responsibilities.

What should be included in a Marital Settlement Agreement for a long-term marriage with significant assets?

For long-term marriages with substantial assets, your MSA should include: a comprehensive inventory of all marital and separate property; detailed valuation of complex assets like retirement accounts, investments, and real estate; provisions for dividing these assets equitably; potential spousal support arrangements considering the length of marriage and lifestyle; tax implications of property transfers and support payments; health insurance provisions; and estate planning considerations. Long-term marriages often involve complicated financial entanglements that require careful analysis to ensure fair division.

How should business owners address their companies in a Marital Settlement Agreement?

Business owners should include: a professional business valuation; clear determination of whether the business is separate or marital property; buyout provisions if the business is considered marital property; protection of business assets from future claims; non-compete or confidentiality provisions if both spouses were involved; contingency plans for business debt; and tax considerations for any transfers of business interests. It's crucial to work with both a divorce attorney and business valuation expert to protect your entrepreneurial interests.

What custody and support provisions should parents include in their Marital Settlement Agreement?

Parents with minor children should address: legal and physical custody arrangements; detailed parenting time schedules including holidays, vacations, and special occasions; decision-making authority for education, healthcare, and religious upbringing; child support calculations and payment methods; provisions for extraordinary expenses like private school, college, or extracurricular activities; health insurance coverage; communication protocols between parents; and mechanisms for resolving future disputes. The agreement should prioritize the children's best interests while creating a workable framework for co-parenting.

Do I need a lawyer to create a Marital Settlement Agreement?

While technically you can create an MSA without attorneys, it's strongly recommended that each spouse have independent legal representation, especially with significant assets, business interests, or children involved. An experienced family law attorney can identify issues you might overlook, ensure your agreement complies with state laws, protect your long-term interests, and help prevent future disputes. Even if you've negotiated terms amicably, having separate attorneys review the agreement provides crucial protection against unfair provisions or future challenges to the agreement's validity.

Can a Marital Settlement Agreement be modified after divorce?

Generally, provisions related to property division cannot be modified once finalized unless there was fraud, duress, or a significant mistake. However, child custody, visitation, and support provisions can often be modified if there's a substantial change in circumstances (such as significant income changes, relocation, or children's needs evolving). The agreement itself can include specific terms about when and how modifications can occur. Some couples include provisions for mediation or collaborative processes to address future changes without returning to court.

How are retirement accounts and pensions handled in a Marital Settlement Agreement?

Retirement accounts and pensions often represent significant assets in long-term marriages and require special handling. Your MSA should specify how these will be divided, which may require a separate court order called a Qualified Domestic Relations Order (QDRO) to divide certain retirement accounts without tax penalties. The agreement should address whether accounts will be divided immediately or at retirement age, how investment gains or losses will be handled, survivor benefits, and tax implications. Given the complexity and long-term impact of these decisions, expert financial advice is particularly important for this aspect of your settlement.

What happens if my spouse violates our Marital Settlement Agreement?

If your spouse violates the MSA, you have several enforcement options since it's a legally binding court order. You can file a motion for contempt of court, request wage garnishment for unpaid support, place liens on property, or seek other court interventions. Your agreement should include provisions for resolving disputes, such as mediation requirements before returning to court. It should also address whether the prevailing party in any enforcement action can recover attorney fees, which creates a financial incentive for compliance.

Marital Settlement Agreement

Learn how marital settlement agreements work, what they should include, and how to protect your interests during divorce, especially for business owners, parents, and long-term marriages with significant assets.

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Introduction

A Marital Settlement Agreement (MSA) is a legally binding contract between divorcing spouses that outlines how assets, debts, child custody, and support will be handled after divorce. This document is particularly important for couples with significant assets, business interests, or children, as it provides clarity and certainty during an emotionally challenging time. Rather than having a judge decide these crucial matters, an MSA allows you to maintain control over your future by negotiating terms that work for your specific situation. While divorce is never easy, a well-crafted settlement agreement can help minimize conflict, reduce legal costs, and provide a foundation for moving forward with your life.

Key Things to Know

1
A Marital Settlement Agreement is legally binding once approved by the court and is difficult to change after finalization, so careful consideration of all terms is essential.
2
Full financial disclosure is required from both parties when creating an MSA. Hiding assets can result in the agreement being invalidated and may lead to legal penalties.
3
For business owners, getting a professional business valuation is crucial to ensure fair division and protect your company's future operations.
4
Tax implications of property transfers, support payments, and changes in filing status should be reviewed by a tax professional before finalizing your agreement.
5
Long-term marriages often involve complex financial entanglements including retirement benefits that may require specialized orders (QDROs) to divide properly.
6
Parents should consider including provisions for future events like college expenses, changing needs as children age, and processes for resolving parenting disagreements.
7
Having separate legal representation for each spouse helps ensure the agreement is fair and reduces the risk of it being challenged later for duress or unfair influence.
8
Consider including alternative dispute resolution methods in your agreement to address future disagreements without expensive court proceedings.

Key decisions before you file

Before you file a Marital Settlement Agreement in Washington DC, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.

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MARITAL SETTLEMENT AGREEMENT

This Marital Settlement Agreement (hereinafter referred to as the "Agreement") is made and entered into on this _____ day of _____________, [YEAR], by and between:

[SPOUSE 1 FULL LEGAL NAME], residing at [SPOUSE 1 ADDRESS], [SPOUSE 1 CITY], [SPOUSE 1 STATE] [SPOUSE 1 ZIP CODE], telephone number [SPOUSE 1 PHONE NUMBER], email address [SPOUSE 1 EMAIL ADDRESS] (hereinafter referred to as "SPOUSE 1 DESIGNATION"); and

[SPOUSE 2 FULL LEGAL NAME], residing at [SPOUSE 2 ADDRESS], [SPOUSE 2 CITY], [SPOUSE 2 STATE] [SPOUSE 2 ZIP CODE], telephone number [SPOUSE 2 PHONE NUMBER], email address [SPOUSE 2 EMAIL ADDRESS] (hereinafter referred to as "SPOUSE 2 DESIGNATION").

SPOUSE 1 DESIGNATION and SPOUSE 2 DESIGNATION are collectively referred to herein as the "Parties" and individually as a "Party."

RECITALS

WHEREAS, the Parties were lawfully married on [DATE OF MARRIAGE] in [LOCATION OF MARRIAGE: City, County, State];

WHEREAS, the Parties separated on [DATE OF SEPARATION] and have lived separate and apart continuously since that date;

WHEREAS, irreconcilable differences have arisen between the Parties, making continuation of the marital relationship impossible;

WHEREAS, a Petition for Dissolution of Marriage was filed in the [NAME OF COURT] in and for [COUNTY], [STATE] (hereinafter referred to as the "Court"), Case No. [CASE NUMBER] (the "Dissolution Action");

WHEREAS, SPOUSE 1 DESIGNATION is represented by [ATTORNEY NAME], of [LAW FIRM NAME], [LAW FIRM ADDRESS], [LAW FIRM PHONE NUMBER], [LAW FIRM EMAIL], and SPOUSE 2 DESIGNATION is represented by [ATTORNEY NAME], of [LAW FIRM NAME], [LAW FIRM ADDRESS], [LAW FIRM PHONE NUMBER], [LAW FIRM EMAIL] (or alternatively, [SPOUSE 1/2 DESIGNATION] has chosen to represent himself/herself and acknowledges that he/she has been advised of his/her right to seek independent legal counsel);

WHEREAS, the Parties desire to settle between themselves all matters regarding their marital affairs, including division of all real and personal property, debts and obligations, spousal support, child custody, child support, and all other rights and obligations arising from their marital relationship;

WHEREAS, each Party has made a full and complete disclosure to the other Party of all of his or her income, assets, and liabilities;

WHEREAS, the Parties intend that this Agreement shall constitute a final and complete settlement of all rights and obligations between them, including all property rights, spousal support, child custody, child support, attorney's fees and costs, and all other matters arising from their marital relationship;

NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

ARTICLE I: JURISDICTION AND VENUE

1.1 Jurisdiction

The Parties acknowledge and agree that the Court has personal jurisdiction over both Parties and subject matter jurisdiction over the Dissolution Action. The Parties further acknowledge that [SPOUSE 1/2 DESIGNATION] has been a resident of [STATE] for at least [STATUTORY PERIOD] immediately preceding the filing of the Petition for Dissolution of Marriage, thereby satisfying the residency requirements for dissolution of marriage in [STATE].

1.2 Venue

The Parties acknowledge and agree that venue is proper in [COUNTY], [STATE], as [SPOUSE 1/2 DESIGNATION] was a resident of [COUNTY] at the time the Petition for Dissolution of Marriage was filed.

1.3 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [STATE], without giving effect to any choice of law or conflict of law provisions.

ARTICLE II: PURPOSE OF AGREEMENT

2.1 Complete Settlement

It is the mutual desire of the Parties to effect a full, fair, and complete settlement of their respective property rights, liabilities, and obligations, including all rights to spousal support, child custody, child support, and all other matters arising from their marital relationship. The Parties intend that this Agreement shall be a final disposition of all matters addressed herein and shall be incorporated into any Judgment of Dissolution of Marriage entered by the Court.

2.2 Independent Covenants

All provisions of this Agreement shall be deemed independent covenants, and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

2.3 Binding Effect

This Agreement shall be binding upon and inure to the benefit of the Parties, their respective heirs, executors, administrators, successors, and assigns.

ARTICLE III: DIVISION OF REAL PROPERTY

3.1 Marital Residence

The Parties own real property located at [ADDRESS OF MARITAL RESIDENCE], [CITY], [STATE] [ZIP CODE], more particularly described as [LEGAL DESCRIPTION] (hereinafter referred to as the "Marital Residence"). The Marital Residence is subject to a mortgage in favor of [MORTGAGE COMPANY] with an approximate current balance of $[AMOUNT].

3.1.1 Disposition of Marital Residence

[SELECT ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: AWARD TO SPOUSE 1] The Parties agree that SPOUSE 1 DESIGNATION shall be awarded all right, title, and interest in and to the Marital Residence. Within [NUMBER] days of the execution of this Agreement, SPOUSE 2 DESIGNATION shall execute a Quitclaim Deed transferring all of his/her right, title, and interest in the Marital Residence to SPOUSE 1 DESIGNATION. SPOUSE 1 DESIGNATION shall be solely responsible for all costs and expenses related to the Marital Residence, including but not limited to the mortgage, property taxes, insurance, utilities, maintenance, and repairs, and shall indemnify and hold SPOUSE 2 DESIGNATION harmless from any liability therefor.

SPOUSE 1 DESIGNATION shall refinance the mortgage on the Marital Residence to remove SPOUSE 2 DESIGNATION's name from the loan within [NUMBER] months from the date of this Agreement. If SPOUSE 1 DESIGNATION is unable to refinance the mortgage within the specified time period, the Marital Residence shall be listed for sale as provided in Option 3 below.

[OPTION 2: AWARD TO SPOUSE 2] The Parties agree that SPOUSE 2 DESIGNATION shall be awarded all right, title, and interest in and to the Marital Residence. Within [NUMBER] days of the execution of this Agreement, SPOUSE 1 DESIGNATION shall execute a Quitclaim Deed transferring all of his/her right, title, and interest in the Marital Residence to SPOUSE 2 DESIGNATION. SPOUSE 2 DESIGNATION shall be solely responsible for all costs and expenses related to the Marital Residence, including but not limited to the mortgage, property taxes, insurance, utilities, maintenance, and repairs, and shall indemnify and hold SPOUSE 1 DESIGNATION harmless from any liability therefor.

SPOUSE 2 DESIGNATION shall refinance the mortgage on the Marital Residence to remove SPOUSE 1 DESIGNATION's name from the loan within [NUMBER] months from the date of this Agreement. If SPOUSE 2 DESIGNATION is unable to refinance the mortgage within the specified time period, the Marital Residence shall be listed for sale as provided in Option 3 below.

[OPTION 3: SALE OF PROPERTY] The Parties agree that the Marital Residence shall be listed for sale with a mutually agreed-upon licensed real estate broker within [NUMBER] days of the execution of this Agreement. The Parties shall cooperate fully in the listing, showing, and sale of the Marital Residence and shall accept any bona fide offer that is at least [PERCENTAGE]% of the listing price. The Parties shall share equally in the costs of sale, including but not limited to broker's commission, escrow fees, and transfer taxes. After payment of the costs of sale and the mortgage balance, the net proceeds shall be divided [EQUALLY/OTHER SPECIFIED DIVISION] between the Parties.

Until the Marital Residence is sold, [SPOUSE 1/2 DESIGNATION] shall have the exclusive right to occupy the Marital Residence and shall be responsible for the monthly mortgage payments, property taxes, insurance, utilities, and routine maintenance. Major repairs exceeding $[AMOUNT] shall be shared equally by the Parties, subject to prior written agreement.

3.1.2 Buyout Provision [IF APPLICABLE]

In consideration for SPOUSE 2 DESIGNATION's interest in the Marital Residence, SPOUSE 1 DESIGNATION shall pay to SPOUSE 2 DESIGNATION the sum of $[AMOUNT], representing SPOUSE 2 DESIGNATION's equity in the property. This payment shall be made [IN A LUMP SUM WITHIN [NUMBER] DAYS OF THE EXECUTION OF THIS AGREEMENT / IN INSTALLMENTS AS FOLLOWS: [PAYMENT SCHEDULE]].

3.2 Additional Real Property

3.2.1 Vacation Property

The Parties own real property located at [ADDRESS OF VACATION PROPERTY], [CITY], [STATE] [ZIP CODE], more particularly described as [LEGAL DESCRIPTION] (hereinafter referred to as the "Vacation Property"). The Vacation Property is subject to a mortgage in favor of [MORTGAGE COMPANY] with an approximate current balance of $[AMOUNT].

[INCLUDE DISPOSITION TERMS SIMILAR TO THOSE FOR MARITAL RESIDENCE]

3.2.2 Rental Property

The Parties own rental property located at [ADDRESS OF RENTAL PROPERTY], [CITY], [STATE] [ZIP CODE], more particularly described as [LEGAL DESCRIPTION] (hereinafter referred to as the "Rental Property"). The Rental Property is subject to a mortgage in favor of [MORTGAGE COMPANY] with an approximate current balance of $[AMOUNT].

[INCLUDE DISPOSITION TERMS SIMILAR TO THOSE FOR MARITAL RESIDENCE]

ARTICLE IV: DIVISION OF PERSONAL PROPERTY

4.1 Household Furnishings and Personal Effects

Except as otherwise provided in this Agreement, the Parties have divided between themselves, to their mutual satisfaction, all household furniture, furnishings, appliances, artwork, and personal effects. Each Party shall retain, free and clear of any claim by the other Party, all items of personal property currently in his or her possession, except as specifically set forth in Exhibit A attached hereto and incorporated herein by reference.

4.2 Specific Items of Personal Property

The following specific items of personal property shall be awarded as indicated:

4.2.1 Items Awarded to SPOUSE 1 DESIGNATION

SPOUSE 1 DESIGNATION shall receive, free and clear of any claim by SPOUSE 2 DESIGNATION, the following items of personal property:

[ITEM 1]
[ITEM 2]
[ITEM 3] [CONTINUE AS NEEDED]

4.2.2 Items Awarded to SPOUSE 2 DESIGNATION

SPOUSE 2 DESIGNATION shall receive, free and clear of any claim by SPOUSE 1 DESIGNATION, the following items of personal property:

[ITEM 1]
[ITEM 2]
[ITEM 3] [CONTINUE AS NEEDED]

4.3 Vehicles

4.3.1 Vehicles Awarded to SPOUSE 1 DESIGNATION

SPOUSE 1 DESIGNATION shall receive, free and clear of any claim by SPOUSE 2 DESIGNATION, the following vehicles:

[YEAR, MAKE, MODEL] with Vehicle Identification Number (VIN) [VIN NUMBER], currently titled in [NAME(S) ON TITLE].
[ADDITIONAL VEHICLES AS APPLICABLE]

SPOUSE 2 DESIGNATION shall execute all documents necessary to transfer title to these vehicles to SPOUSE 1 DESIGNATION within [NUMBER] days of the execution of this Agreement. SPOUSE 1 DESIGNATION shall be solely responsible for any loans, insurance, maintenance, and other expenses associated with these vehicles and shall indemnify and hold SPOUSE 2 DESIGNATION harmless from any liability therefor.

4.3.2 Vehicles Awarded to SPOUSE 2 DESIGNATION

SPOUSE 2 DESIGNATION shall receive, free and clear of any claim by SPOUSE 1 DESIGNATION, the following vehicles:

[YEAR, MAKE, MODEL] with Vehicle Identification Number (VIN) [VIN NUMBER], currently titled in [NAME(S) ON TITLE].
[ADDITIONAL VEHICLES AS APPLICABLE]

SPOUSE 1 DESIGNATION shall execute all documents necessary to transfer title to these vehicles to SPOUSE 2 DESIGNATION within [NUMBER] days of the execution of this Agreement. SPOUSE 2 DESIGNATION shall be solely responsible for any loans, insurance, maintenance, and other expenses associated with these vehicles and shall indemnify and hold SPOUSE 1 DESIGNATION harmless from any liability therefor.

4.4 Recreational Vehicles and Watercraft

[IF APPLICABLE, INCLUDE SIMILAR PROVISIONS FOR BOATS, RVs, MOTORCYCLES, ETC.]

ARTICLE V: DIVISION OF FINANCIAL ACCOUNTS

5.1 Bank Accounts

5.1.1 Joint Accounts

The Parties maintain the following joint bank accounts:

[BANK NAME], Account No. XXXX-[LAST 4 DIGITS], with an approximate balance of $[AMOUNT] as of [DATE].
[BANK NAME], Account No. XXXX-[LAST 4 DIGITS], with an approximate balance of $[AMOUNT] as of [DATE].
[ADDITIONAL ACCOUNTS AS APPLICABLE]

The Parties agree that these joint accounts shall be closed within [NUMBER] days of the execution of this Agreement, and the balances shall be divided [EQUALLY/AS FOLLOWS: [SPECIFIC DIVISION]]. Each Party shall thereafter open and maintain separate bank accounts in his or her sole name.

5.1.2 Separate Accounts

Each Party shall retain, free and clear of any claim by the other Party, all bank accounts currently held in his or her sole name, including but not limited to:

SPOUSE 1 DESIGNATION's separate accounts:

[BANK NAME], Account No. XXXX-[LAST 4 DIGITS], with an approximate balance of $[AMOUNT] as of [DATE].
[ADDITIONAL ACCOUNTS AS APPLICABLE]

SPOUSE 2 DESIGNATION's separate accounts:

[BANK NAME], Account No. XXXX-[LAST 4 DIGITS], with an approximate balance of $[AMOUNT] as of [DATE].
[ADDITIONAL ACCOUNTS AS APPLICABLE]

5.2 Investment and Brokerage Accounts

5.2.1 Joint Investment Accounts

The Parties maintain the following joint investment and brokerage accounts:

[BROKERAGE FIRM], Account No. XXXX-[LAST 4 DIGITS], with an approximate value of $[AMOUNT] as of [DATE].
[ADDITIONAL ACCOUNTS AS APPLICABLE]

The Parties agree that these joint investment accounts shall be [CLOSED AND DIVIDED EQUALLY/DIVIDED AS FOLLOWS: [SPECIFIC DIVISION]] within [NUMBER] days of the execution of this Agreement. Each Party shall cooperate fully in executing any documents necessary to effectuate this division.

5.2.2 Separate Investment Accounts

Each Party shall retain, free and clear of any claim by the other Party, all investment and brokerage accounts currently held in his or her sole name, including but not limited to:

SPOUSE 1 DESIGNATION's separate investment accounts:

[BROKERAGE FIRM], Account No. XXXX-[LAST 4 DIGITS], with an approximate value of $[AMOUNT] as of [DATE].
[ADDITIONAL ACCOUNTS AS APPLICABLE]

SPOUSE 2 DESIGNATION's separate investment accounts:

[BROKERAGE FIRM], Account No. XXXX-[LAST 4 DIGITS], with an approximate value of $[AMOUNT] as of [DATE].
[ADDITIONAL ACCOUNTS AS APPLICABLE]

5.3 Cash Holdings

Each Party shall retain, free and clear of any claim by the other Party, all cash currently in his or her possession or control.

ARTICLE VI: RETIREMENT ACCOUNTS AND BENEFITS

6.1 Defined Contribution Plans

6.1.1 SPOUSE 1 DESIGNATION's 401(k)/403(b)/IRA

SPOUSE 1 DESIGNATION has an interest in a [401(k)/403(b)/IRA] retirement plan through [EMPLOYER/FINANCIAL INSTITUTION], Account No. XXXX-[LAST 4 DIGITS], with an approximate value of $[AMOUNT] as of [DATE].

The Parties agree that this retirement account shall be divided as follows: [SELECT ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: RETAIN] SPOUSE 1 DESIGNATION shall retain 100% of his/her interest in this retirement account, free and clear of any claim by SPOUSE 2 DESIGNATION.

[OPTION 2: DIVIDE] This retirement account shall be divided between the Parties, with SPOUSE 1 DESIGNATION receiving [PERCENTAGE]% and SPOUSE 2 DESIGNATION receiving [PERCENTAGE]%. This division shall be accomplished through a Qualified Domestic Relations Order (QDRO) to be prepared by [NAME OF ATTORNEY OR QDRO SPECIALIST] at [SHARED EQUALLY BY THE PARTIES / EXPENSE OF [SPOUSE 1/2 DESIGNATION]]. The Parties shall cooperate fully in the preparation and submission of the QDRO to the plan administrator and the Court.

6.1.2 SPOUSE 2 DESIGNATION's 401(k)/403(b)/IRA

SPOUSE 2 DESIGNATION has an interest in a [401(k)/403(b)/IRA] retirement plan through [EMPLOYER/FINANCIAL INSTITUTION], Account No. XXXX-[LAST 4 DIGITS], with an approximate value of $[AMOUNT] as of [DATE].

[INCLUDE DIVISION TERMS SIMILAR TO THOSE ABOVE]

6.2 Defined Benefit Plans/Pensions

6.2.1 SPOUSE 1 DESIGNATION's Pension

SPOUSE 1 DESIGNATION has an interest in a defined benefit pension plan through [EMPLOYER], with an estimated monthly benefit of $[AMOUNT] at retirement age.

The Parties agree that this pension shall be divided as follows: [SELECT ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: RETAIN] SPOUSE 1 DESIGNATION shall retain 100% of his/her interest in this pension plan, free and clear of any claim by SPOUSE 2 DESIGNATION.

[OPTION 2: DIVIDE] SPOUSE 2 DESIGNATION shall receive [PERCENTAGE]% of the marital portion of SPOUSE 1 DESIGNATION's pension benefits, calculated from the date of marriage ([DATE OF MARRIAGE]) to the date of separation ([DATE OF SEPARATION]). This division shall be accomplished through a Qualified Domestic Relations Order (QDRO) to be prepared by [NAME OF ATTORNEY OR QDRO SPECIALIST] at [SHARED EQUALLY BY THE PARTIES / EXPENSE OF [SPOUSE 1/2 DESIGNATION]]. The Parties shall cooperate fully in the preparation and submission of the QDRO to the plan administrator and the Court.

6.2.2 SPOUSE 2 DESIGNATION's Pension

SPOUSE 2 DESIGNATION has an interest in a defined benefit pension plan through [EMPLOYER], with an estimated monthly benefit of $[AMOUNT] at retirement age.

[INCLUDE DIVISION TERMS SIMILAR TO THOSE ABOVE]

6.3 Social Security Benefits

Each Party expressly waives any right or claim to the other Party's Social Security benefits, to the extent permitted by law.

ARTICLE VII: BUSINESS INTERESTS

7.1 [BUSINESS NAME]

[SPOUSE 1/2 DESIGNATION] has an ownership interest in [BUSINESS NAME], a [TYPE OF ENTITY: corporation, limited liability company, partnership, sole proprietorship] located at [BUSINESS ADDRESS], [CITY], [STATE] [ZIP CODE].

7.1.1 Valuation

The Parties agree that the fair market value of this business interest is $[AMOUNT] as of [DATE], based on [VALUATION METHOD: appraisal by (NAME OF APPRAISER), agreed value, etc.].

7.1.2 Disposition

[SELECT ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: AWARD TO OWNER SPOUSE] [SPOUSE 1/2 DESIGNATION] shall retain 100% of the ownership interest in [BUSINESS NAME], free and clear of any claim by [OTHER SPOUSE DESIGNATION]. In consideration for [OTHER SPOUSE DESIGNATION]'s marital interest in the business, [SPOUSE 1/2 DESIGNATION] shall pay to [OTHER SPOUSE DESIGNATION] the sum of $[AMOUNT], representing [PERCENTAGE]% of the agreed value of the business. This payment shall be made [IN A LUMP SUM WITHIN [NUMBER] DAYS OF THE EXECUTION OF THIS AGREEMENT / IN INSTALLMENTS AS FOLLOWS: [PAYMENT SCHEDULE]].

[OPTION 2: SALE OF BUSINESS] The Parties agree that the business shall be listed for sale with a qualified business broker within [NUMBER] days of the execution of this Agreement. The Parties shall cooperate fully in the listing, showing, and sale of the business and shall accept any bona fide offer that is at least [PERCENTAGE]% of the listing price. After payment of all costs of sale and business liabilities, the net proceeds shall be divided [EQUALLY/OTHER SPECIFIED DIVISION] between the Parties.

7.2 Professional Practice [IF APPLICABLE]

[SPOUSE 1/2 DESIGNATION] is the owner of a professional practice known as [PRACTICE NAME], located at [PRACTICE ADDRESS], [CITY], [STATE] [ZIP CODE].

[INCLUDE VALUATION AND DISPOSITION TERMS SIMILAR TO THOSE ABOVE]

7.3 Intellectual Property

The Parties own the following intellectual property:

[PATENTS: PATENT NUMBER, DESCRIPTION, DATE ISSUED]
[TRADEMARKS: REGISTRATION NUMBER, DESCRIPTION, DATE REGISTERED]
[COPYRIGHTS: REGISTRATION NUMBER, DESCRIPTION, DATE REGISTERED]
[OTHER INTELLECTUAL PROPERTY]

The Parties agree that these intellectual property rights shall be divided as follows: [SPECIFY DIVISION AND ANY COMPENSATION]

ARTICLE VIII: INSURANCE POLICIES

8.1 Life Insurance

8.1.1 Policies Owned by SPOUSE 1 DESIGNATION

SPOUSE 1 DESIGNATION is the owner of the following life insurance policies:

[INSURANCE COMPANY], Policy No. [POLICY NUMBER], with a face value of $[AMOUNT], insuring the life of [INSURED NAME], with current beneficiary designation(s): [BENEFICIARY NAMES].
[ADDITIONAL POLICIES AS APPLICABLE]

SPOUSE 1 DESIGNATION shall retain ownership of these policies and shall have the right to change the beneficiary designation(s), except as otherwise provided in this Agreement regarding policies to secure spousal support or child support obligations.

8.1.2 Policies Owned by SPOUSE 2 DESIGNATION

SPOUSE 2 DESIGNATION is the owner of the following life insurance policies:

[INSURANCE COMPANY], Policy No. [POLICY NUMBER], with a face value of $[AMOUNT], insuring the life of [INSURED NAME], with current beneficiary designation(s): [BENEFICIARY NAMES].
[ADDITIONAL POLICIES AS APPLICABLE]

SPOUSE 2 DESIGNATION shall retain ownership of these policies and shall have the right to change the beneficiary designation(s), except as otherwise provided in this Agreement regarding policies to secure spousal support or child support obligations.

8.2 Health Insurance

8.2.1 Health Insurance for the Parties

Each Party shall be responsible for obtaining and maintaining his or her own health insurance coverage following the dissolution of marriage. However, if either Party is eligible to continue coverage under the other Party's employer-sponsored health insurance plan pursuant to COBRA, the Party seeking continuation coverage shall be solely responsible for all premium payments and shall indemnify and hold the other Party harmless from any liability therefor.

8.2.2 Health Insurance for Children

[SPOUSE 1/2 DESIGNATION] shall maintain health, dental, and vision insurance coverage for the benefit of the minor children for so long as they are eligible. The cost of such insurance shall be [SHARED EQUALLY BY THE PARTIES / INCLUDED IN THE CALCULATION OF CHILD SUPPORT / ALLOCATED AS FOLLOWS: [SPECIFIC ALLOCATION]].

8.3 Disability Insurance

Each Party shall retain ownership of any disability insurance policies currently in his or her name and shall be responsible for all premium payments thereon.

8.4 Homeowners/Renters Insurance

Each Party shall be responsible for obtaining and maintaining appropriate homeowners or renters insurance for his or her residence following the dissolution of marriage.

8.5 Automobile Insurance

Each Party shall be responsible for obtaining and maintaining appropriate automobile insurance for the vehicles awarded to him or her under this Agreement.

ARTICLE IX: DEBTS AND OBLIGATIONS

9.1 Mortgage and Real Estate Loans

9.1.1 Marital Residence Mortgage

The mortgage on the Marital Residence with [MORTGAGE COMPANY], Loan No. XXXX-[LAST 4 DIGITS], with an approximate current balance of $[AMOUNT], shall be the sole responsibility of [SPOUSE AWARDED THE RESIDENCE], who shall make all payments when due and shall indemnify and hold [OTHER SPOUSE] harmless from any liability therefor.

9.1.2 Home Equity Line of Credit

The home equity line of credit on the Marital Residence with [LENDER], Account No. XXXX-[LAST 4 DIGITS], with an approximate current balance of $[AMOUNT], shall be the sole responsibility of [SPOUSE AWARDED THE RESIDENCE], who shall make all payments when due and shall indemnify and hold [OTHER SPOUSE] harmless from any liability therefor.

9.1.3 Other Real Estate Loans

[INCLUDE SIMILAR PROVISIONS FOR MORTGAGES ON OTHER REAL PROPERTIES]

9.2 Credit Card Debt

9.2.1 Joint Credit Card Accounts

The Parties maintain the following joint credit card accounts:

[CREDIT CARD COMPANY], Account No. XXXX-[LAST 4 DIGITS], with an approximate balance of $[AMOUNT] as of [DATE].
[CREDIT CARD COMPANY], Account No. XXXX-[LAST 4 DIGITS], with an approximate balance of $[AMOUNT] as of [DATE].
[ADDITIONAL ACCOUNTS AS APPLICABLE]

The Parties agree that these joint credit card accounts shall be paid off and closed within [NUMBER] days of the execution of this Agreement. The responsibility for payment shall be allocated as follows:

[CREDIT CARD COMPANY], Account No. XXXX-[LAST 4 DIGITS]: SPOUSE 1 DESIGNATION shall be responsible for $[AMOUNT] and SPOUSE 2 DESIGNATION shall be responsible for $[AMOUNT].
[CREDIT CARD COMPANY], Account No. XXXX-[LAST 4 DIGITS]: SPOUSE 1 DESIGNATION shall be responsible for $[AMOUNT] and SPOUSE 2 DESIGNATION shall be responsible for $[AMOUNT].
[ADDITIONAL ACCOUNTS AS APPLICABLE]

9.2.2 Separate Credit Card Accounts

Each Party shall be solely responsible for all credit card accounts currently in his or her sole name, including but not limited to:

SPOUSE 1 DESIGNATION's separate credit card accounts:

[CREDIT CARD COMPANY], Account No. XXXX-[LAST 4 DIGITS], with an approximate balance of $[AMOUNT] as of [DATE].
[ADDITIONAL ACCOUNTS AS APPLICABLE]

SPOUSE 2 DESIGNATION's separate credit card accounts:

[CREDIT CARD COMPANY], Account No. XXXX-[LAST 4 DIGITS], with an approximate balance of $[AMOUNT] as of [DATE].
[ADDITIONAL ACCOUNTS AS APPLICABLE]

9.3 Auto Loans and Leases

9.3.1 [VEHICLE 1] Loan/Lease

The loan/lease for the [YEAR, MAKE, MODEL] with [LENDER], Account No. XXXX-[LAST 4 DIGITS], with an approximate balance of $[AMOUNT] as of [DATE], shall be the sole responsibility of [SPOUSE AWARDED THE VEHICLE], who shall make all payments when due and shall indemnify and hold [OTHER SPOUSE] harmless from any liability therefor.

9.3.2 [VEHICLE 2] Loan/Lease

[INCLUDE SIMILAR PROVISIONS FOR OTHER VEHICLE LOANS/LEASES]

9.4 Student Loans

9.4.1 SPOUSE 1 DESIGNATION's Student Loans

SPOUSE 1 DESIGNATION has the following student loans:

[LENDER], Account No. XXXX-[LAST 4 DIGITS], with an approximate balance of $[AMOUNT] as of [DATE].
[ADDITIONAL LOANS AS APPLICABLE]

SPOUSE 1 DESIGNATION shall be solely responsible for these student loans and shall indemnify and hold SPOUSE 2 DESIGNATION harmless from any liability therefor.

9.4.2 SPOUSE 2 DESIGNATION's Student Loans

SPOUSE 2 DESIGNATION has the following student loans:

[LENDER], Account No. XXXX-[LAST 4 DIGITS], with an approximate balance of $[AMOUNT] as of [DATE].
[ADDITIONAL LOANS AS APPLICABLE]

SPOUSE 2 DESIGNATION shall be solely responsible for these student loans and shall indemnify and hold SPOUSE 1 DESIGNATION harmless from any liability therefor.

9.5 Personal Loans

9.5.1 Loans from Family Members

The Parties have the following loans from family members:

Loan from [FAMILY MEMBER NAME] to [BOTH PARTIES/SPOUSE 1/SPOUSE 2] in the amount of $[AMOUNT], dated [DATE].
[ADDITIONAL LOANS AS APPLICABLE]

The responsibility for repayment of these loans shall be allocated as follows: [SPECIFY ALLOCATION]

9.5.2 Other Personal Loans

The Parties have the following other personal loans:

[LENDER], Account No. XXXX-[LAST 4 DIGITS], with an approximate balance of $[AMOUNT] as of [DATE].
[ADDITIONAL LOANS AS APPLICABLE]

The responsibility for repayment of these loans shall be allocated as follows: [SPECIFY ALLOCATION]

9.6 Tax Liabilities

9.6.1 Prior Year Tax Liabilities

The Parties shall be equally responsible for any tax deficiencies, penalties, or interest assessed for joint tax returns filed during the marriage for tax years prior to [YEAR]. If either Party has paid or pays in the future more than his or her share of such liability, the other Party shall promptly reimburse the paying Party for the excess amount paid.

9.6.2 Current Year Tax Liabilities

For the tax year [YEAR] (the year of divorce), the Parties shall [FILE JOINTLY/FILE SEPARATELY]. If filing jointly, any refund shall be divided [EQUALLY/AS FOLLOWS: [SPECIFIC DIVISION]], and any liability shall be paid [EQUALLY/AS FOLLOWS: [SPECIFIC DIVISION]].

9.7 Unknown Debts

Each Party shall be solely responsible for any debts or liabilities incurred by him or her that are not specifically addressed in this Agreement, whether such debts or liabilities are currently known or unknown.

9.8 Indemnification

Each Party shall indemnify and hold the other Party harmless from any and all claims, demands, debts, liabilities, accounts, obligations, costs, expenses, liens, actions, and causes of action of every kind and nature whatsoever, arising from or in any way connected with the debts and obligations that the indemnifying Party has assumed under this Agreement. This indemnification includes, but is not limited to, reasonable attorney's fees and costs incurred in defending against any such claims.

ARTICLE X: SPOUSAL SUPPORT

10.1 Amount and Duration

[SELECT ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: NO SUPPORT] The Parties acknowledge and agree that neither Party shall pay spousal support to the other. Each Party forever waives and relinquishes any right to seek or receive spousal support from the other Party. This waiver of spousal support is permanent and non-modifiable, regardless of any change in circumstances that may occur in the future.

[OPTION 2: FIXED TERM SUPPORT] [SPOUSE 1/2 DESIGNATION] shall pay spousal support to [SPOUSE 1/2 DESIGNATION] in the amount of $[AMOUNT] per month, commencing on [DATE] and continuing until [DATE/EVENT], at which time spousal support shall terminate permanently. This obligation shall terminate earlier upon the death of either Party or the remarriage or registered domestic partnership of [SPOUSE RECEIVING SUPPORT].

[OPTION 3: MODIFIABLE SUPPORT] [SPOUSE 1/2 DESIGNATION] shall pay spousal support to [SPOUSE 1/2 DESIGNATION] in the amount of $[AMOUNT] per month, commencing on [DATE] and continuing until [DATE/EVENT/FURTHER ORDER OF THE COURT]. This obligation shall terminate earlier upon the death of either Party or the remarriage or registered domestic partnership of [SPOUSE RECEIVING SUPPORT].

10.2 Payment Method

Spousal support payments shall be made directly by [SPOUSE PAYING SUPPORT] to [SPOUSE RECEIVING SUPPORT] on or before the [DAY] day of each month. Payments shall be made by [DIRECT DEPOSIT/CHECK/ELECTRONIC TRANSFER] to [ACCOUNT INFORMATION/ADDRESS].

Alternatively, spousal support payments shall be made through the [STATE] State Disbursement Unit or other appropriate state agency as required by law.

10.3 Modification Conditions

[IF MODIFIABLE SUPPORT IS SELECTED:] The amount and duration of spousal support may be modified upon a showing of a material change in circumstances, including but not limited to:

Significant increase or decrease in either Party's income;
Retirement of either Party;
Disability or serious health condition affecting either Party's earning capacity;
Cohabitation of [SPOUSE RECEIVING SUPPORT] with a person in a marriage-like relationship;
[OTHER SPECIFIC CONDITIONS].

Any modification must be in writing and signed by both Parties or ordered by a court of competent jurisdiction.

10.4 Tax Treatment

The Parties acknowledge and agree that, pursuant to the Tax Cuts and Jobs Act of 2017, spousal support payments made pursuant to divorce or separation instruments executed after December 31, 2018, are not deductible by the payor spouse or includable in the income of the recipient spouse for federal income tax purposes. Each Party has consulted with a tax professional regarding the tax implications of this Agreement or has knowingly waived the right to do so.

10.5 Life Insurance Requirement

[IF APPLICABLE:] To secure the spousal support obligation, [SPOUSE PAYING SUPPORT] shall maintain a life insurance policy on his/her life with a death benefit of at least $[AMOUNT], naming [SPOUSE RECEIVING SUPPORT] as the irrevocable beneficiary for so long as the spousal support obligation continues. [SPOUSE PAYING SUPPORT] shall provide proof of such insurance coverage to [SPOUSE RECEIVING SUPPORT] annually, including proof of premium payment and beneficiary designation.

ARTICLE XI: CHILD CUSTODY AND PARENTING

11.1 Children of the Marriage

The Parties are the parents of the following minor children:

[CHILD 1 FULL NAME], born [BIRTH DATE]
[CHILD 2 FULL NAME], born [BIRTH DATE]
[ADDITIONAL CHILDREN AS APPLICABLE]

11.2 Legal Custody

[SELECT ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: JOINT LEGAL CUSTODY] The Parties shall have joint legal custody of the minor children. "Joint legal custody" means that both Parties shall share the right and responsibility to make decisions relating to the health, education, and welfare of the children. The Parties shall confer with each other in the exercise of decision-making rights, responsibilities, and authority.

The Parties shall consult with each other and attempt to reach agreement on major decisions regarding:

Educational decisions, including choice of schools, tutoring, and special educational needs;
Non-emergency medical, dental, and orthodontic treatment, including choice of physicians, therapists, and other healthcare providers;
Religious upbringing and participation in religious activities;
Extracurricular activities, including sports, arts, and other organized activities;
Travel outside the state or country;
Obtaining a driver's license or other license;
Employment of the children;
[OTHER SPECIFIC DECISIONS].

If the Parties are unable to reach agreement on any of these issues after good faith efforts to do so, they shall submit the dispute to mediation before seeking court intervention, except in cases of emergency.

[OPTION 2: SOLE LEGAL CUSTODY] [SPOUSE 1/2 DESIGNATION] shall have sole legal custody of the minor children. "Sole legal custody" means that [SPOUSE 1/2 DESIGNATION] shall have the right and responsibility to make decisions relating to the health, education, and welfare of the children. [SPOUSE 1/2 DESIGNATION] shall, however, consult with [OTHER SPOUSE] on major decisions when practicable and shall keep [OTHER SPOUSE] informed of significant matters concerning the children's welfare.

11.3 Physical Custody and Parenting Time

[SELECT ONE OF THE FOLLOWING OPTIONS:]

[OPTION 1: JOINT PHYSICAL CUSTODY] The Parties shall have joint physical custody of the minor children. "Joint physical custody" means that each Party shall have significant periods of physical custody arranged to ensure the children have frequent and continuing contact with both Parties.

The regular parenting time schedule shall be as follows:

SPOUSE 1 DESIGNATION's parenting time:
- [SPECIFY DAYS, TIMES, AND FREQUENCY]
SPOUSE 2 DESIGNATION's parenting time:
- [SPECIFY DAYS, TIMES, AND FREQUENCY]
Exchanges shall occur at [LOCATION] at [TIME].

[OPTION 2: PRIMARY PHYSICAL CUSTODY] [SPOUSE 1/2 DESIGNATION] shall have primary physical custody of the minor children, and [OTHER SPOUSE] shall have parenting time as follows:

Regular parenting time:
- [SPECIFY DAYS, TIMES, AND FREQUENCY]
Exchanges shall occur at [LOCATION] at [TIME].

11.4 Holiday and Vacation Schedule

11.4.1 Holiday Schedule

The following holiday schedule shall supersede the regular parenting time schedule:

Thanksgiving:
- Even years: SPOUSE 1 DESIGNATION from [DATE/TIME] to [DATE/TIME]
- Odd years: SPOUSE 2 DESIGNATION from [DATE/TIME] to [DATE/TIME]
Winter Break/Christmas:
- Even years: SPOUSE 1 DESIGNATION from [DATE/TIME] to [DATE/TIME]; SPOUSE 2 DESIGNATION from [DATE/TIME] to [DATE/TIME]
- Odd years: SPOUSE 2 DESIGNATION from [DATE/TIME] to [DATE/TIME]; SPOUSE 1 DESIGNATION from [DATE/TIME] to [DATE/TIME]
Spring Break:
- Even years: SPOUSE 1 DESIGNATION
- Odd years: SPOUSE 2 DESIGNATION
Mother's Day:
- With mother from [TIME] to [TIME], regardless of regular schedule
Father's Day:
- With father from [TIME] to [TIME], regardless of regular schedule
Children's Birthdays:
- [SPECIFY ARRANGEMENT]
[ADDITIONAL HOLIDAYS AS APPLICABLE]

11.4.2 Summer Vacation

Each Party shall be entitled to [NUMBER] weeks of uninterrupted vacation time with the children during the summer break from school. The Parties shall notify each other of their proposed vacation dates by [DATE] each year. SPOUSE 1 DESIGNATION shall have first choice of vacation dates in even-numbered years, and SPOUSE 2 DESIGNATION shall have first choice in odd-numbered years.

During extended vacation periods, the non-vacationing parent shall be entitled to [SPECIFY COMMUNICATION ARRANGEMENTS].

11.5 Transportation and Exchanges

The Party beginning his or her parenting time shall be responsible for transportation of the children, unless otherwise agreed. The Parties shall ensure that the children are ready, with their necessary belongings, at the designated exchange time.

Exchanges shall occur at [LOCATION]. If either Party is going to be more than [NUMBER] minutes late for an exchange, he or she shall notify the other Party as soon as possible.

11.6 Relocation

Neither Party shall relocate the primary residence of the minor children more than [NUMBER] miles from their current residence without the written consent of the other Party or court order. The Party intending to relocate shall provide at least [NUMBER] days' written notice to the other Party before any planned relocation.

11.7 Communication Between Parents

The Parties shall communicate with each other regarding the children in a civil and respectful manner. Communications shall be limited to matters concerning the children and may be conducted via [EMAIL/TEXT MESSAGE/PHONE/PARENTING APP].

Each Party shall provide the other with his or her current address, telephone number, and email address, and shall promptly notify the other of any changes.

11.8 Communication with Children

Each Party shall have reasonable telephone and electronic communication with the children when they are with the other Party. Such communication shall occur at reasonable times and for reasonable durations, taking into consideration the children's schedules and activities.

The children shall be permitted to contact either parent at any reasonable time while in the care of the other parent.

11.9 Right of First Refusal

If either Party requires childcare for a period exceeding [NUMBER] hours during his or her scheduled parenting time, that Party shall first offer the other Party the opportunity to care for the children before arranging for alternative childcare.

11.10 Dispute Resolution

If the Parties are unable to resolve disputes regarding custody or parenting time, they shall participate in mediation with a qualified family mediator before filing any motion with the Court, except in cases of emergency. The cost of mediation shall be [SHARED EQUALLY/PAID AS FOLLOWS: [SPECIFIC ALLOCATION]].

If mediation is unsuccessful, the Parties may utilize a parenting coordinator to assist in resolving ongoing parenting disputes. The cost of the parenting coordinator shall be [SHARED EQUALLY/PAID AS FOLLOWS: [SPECIFIC ALLOCATION]].

ARTICLE XII: CHILD SUPPORT

12.1 Base Child Support Amount

Based on the Parties' respective incomes, the parenting time schedule, and the [STATE] Child Support Guidelines, [SPOUSE 1/2 DESIGNATION] shall pay to [SPOUSE 1/2 DESIGNATION] the sum of $[AMOUNT] per month for the support of the minor children, commencing on [DATE] and continuing until [SPECIFY TERMINATION EVENTS].

The Parties' current monthly gross incomes are as follows:

A copy of the child support calculation worksheet is attached hereto as Exhibit B and incorporated herein by reference.

12.2 Payment Method

Child support payments shall be made directly by [SPOUSE PAYING SUPPORT] to [SPOUSE RECEIVING SUPPORT] on or before the [DAY] day of each month. Payments shall be made by [DIRECT DEPOSIT/CHECK/ELECTRONIC TRANSFER] to [ACCOUNT INFORMATION/ADDRESS].

Alternatively, child support payments shall be made through the [STATE] State Disbursement Unit or other appropriate state agency as required by law.

12.3 Additional Expenses

12.3.1 Medical Expenses

Uninsured and unreimbursed medical, dental, orthodontic, vision, psychological, and prescription medication expenses for the minor children shall be paid [EQUALLY BY THE PARTIES / AS FOLLOWS: SPOUSE 1 DESIGNATION shall pay [PERCENTAGE]% and SPOUSE 2 DESIGNATION shall pay [PERCENTAGE]%].

The Party incurring the expense shall provide the other Party with a copy of the bill or proof of payment within [NUMBER] days of receipt. The other Party shall reimburse his or her share of the expense within [NUMBER] days of receiving such documentation.

12.3.2 Extracurricular Activities

The cost of the children's agreed-upon extracurricular activities, including but not limited to sports, arts, and other organized activities, shall be paid [EQUALLY BY THE PARTIES / AS FOLLOWS: SPOUSE 1 DESIGNATION shall pay [PERCENTAGE]% and SPOUSE 2 DESIGNATION shall pay [PERCENTAGE]%].

12.3.3 Educational Expenses

The cost of the children's educational expenses, including but not limited to tuition, books, supplies, fees, and tutoring for primary and secondary education, shall be paid [EQUALLY BY THE PARTIES / AS FOLLOWS: SPOUSE 1 DESIGNATION shall pay [PERCENTAGE]% and SPOUSE 2 DESIGNATION shall pay [PERCENTAGE]%].

12.3.4 Childcare Expenses

Work-related childcare expenses shall be paid [EQUALLY BY THE PARTIES / INCLUDED IN THE CALCULATION OF CHILD SUPPORT / AS FOLLOWS: SPOUSE 1 DESIGNATION shall pay [PERCENTAGE]% and SPOUSE 2 DESIGNATION shall pay [PERCENTAGE]%].

12.4 College Expenses

[IF APPLICABLE:] The Parties agree to contribute to the college education expenses of the minor children as follows: [SPECIFY ARRANGEMENT, INCLUDING LIMITATIONS ON COSTS, TYPES OF EXPENSES COVERED, AND CONDITIONS FOR PAYMENT]

The Parties shall establish [INDIVIDUAL/JOINT] college savings accounts for the benefit of the children, to which SPOUSE 1 DESIGNATION shall contribute $[AMOUNT] [MONTHLY/ANNUALLY] and SPOUSE 2 DESIGNATION shall contribute $[AMOUNT] [MONTHLY/ANNUALLY], commencing on [DATE] and continuing until [SPECIFY TERMINATION EVENT].

12.5 Life Insurance for Child Support

To secure the child support obligation, [SPOUSE PAYING SUPPORT] shall maintain a life insurance policy on his/her life with a death benefit of at least $[AMOUNT], naming [SPOUSE RECEIVING SUPPORT] as the trustee beneficiary for the benefit of the minor children for so long as the child support obligation continues. [SPOUSE PAYING SUPPORT] shall provide proof of such insurance coverage to [SPOUSE RECEIVING SUPPORT] annually, including proof of premium payment and beneficiary designation.

12.6 Duration and Termination

The child support obligation for each child shall continue until the first to occur of the following events with respect to that child:

The child reaches the age of [AGE] years;
The child graduates from high school, if later than age [AGE];
The child becomes emancipated by court order, marriage, or otherwise;
The child enters active military service;
The death of the child;
[OTHER TERMINATION EVENTS CONSISTENT WITH STATE LAW].

12.7 Modification Provisions

The amount of child support may be modified upon a showing of a substantial change in circumstances, including but not limited to:

Significant increase or decrease in either Party's income;
Change in the custody or parenting time arrangement;
Change in the needs of the children;
[OTHER SPECIFIC CONDITIONS].

Any modification must be in writing and signed by both Parties or ordered by a court of competent jurisdiction.

ARTICLE XIII: TAX PROVISIONS

13.1 Dependency Exemptions

SPOUSE 1 DESIGNATION shall be entitled to claim the following children as dependents for federal and state income tax purposes:

[CHILD NAME] in [ALL YEARS / EVEN YEARS / ODD YEARS / SPECIFY YEARS]
[ADDITIONAL CHILDREN AS APPLICABLE]

SPOUSE 2 DESIGNATION shall be entitled to claim the following children as dependents for federal and state income tax purposes:

[CHILD NAME] in [ALL YEARS / EVEN YEARS / ODD YEARS / SPECIFY YEARS]
[ADDITIONAL CHILDREN AS APPLICABLE]

Each Party shall execute IRS Form 8332 (Release of Claim to Exemption for Child of Divorced or Separated Parents) or any successor form as necessary to effectuate this provision.

This allocation of dependency exemptions is contingent upon the claiming Party being current in all child support obligations as of December 31 of the tax year in question.

13.2 Child Tax Credits

The Party entitled to claim a child as a dependent in a given tax year shall also be entitled to claim any child tax credits, education credits, or other tax benefits associated with that child for that tax year.

13.3 Head of Household Status

The Parties acknowledge that the right to file as Head of Household is determined by the Internal Revenue Code and applicable regulations. Nothing in this Agreement shall be construed as an agreement regarding either Party's right to file as Head of Household.

13.4 Filing Status for Year of Divorce

For the tax year in which the divorce becomes final, the Parties shall [FILE JOINTLY/FILE SEPARATELY]. If filing jointly, any refund shall be divided [EQUALLY/AS FOLLOWS: [SPECIFIC DIVISION]], and any liability shall be paid [EQUALLY/AS FOLLOWS: [SPECIFIC DIVISION]].

13.5 Tax Refunds and Liabilities

Any tax refunds for joint returns filed during the marriage that are received after the execution of this Agreement shall be divided [EQUALLY/AS FOLLOWS: [SPECIFIC DIVISION]]. Any tax liabilities for joint returns filed during the marriage that are assessed after the execution of this Agreement shall be paid [EQUALLY/AS FOLLOWS: [SPECIFIC DIVISION]].

ARTICLE XIV: GENERAL PROVISIONS

14.1 Full Disclosure

Each Party represents and warrants that he or she has made a full and complete disclosure to the other Party of all of his or her income, assets, and liabilities. Each Party acknowledges that he or she has had the opportunity to investigate and verify the other Party's financial disclosures.

14.2 Voluntary Execution

Each Party acknowledges and agrees that he or she has entered into this Agreement freely and voluntarily, without duress, undue influence, fraud, or coercion of any kind.

14.3 Independent Legal Counsel

SPOUSE 1 DESIGNATION acknowledges that he/she has been represented by [ATTORNEY NAME] in connection with the negotiation and execution of this Agreement. SPOUSE 2 DESIGNATION acknowledges that he/she has been represented by [ATTORNEY NAME] in connection with the negotiation and execution of this Agreement.

Alternatively, [SPOUSE 1/2 DESIGNATION] acknowledges that he/she has been advised of his/her right to seek independent legal counsel in connection with the negotiation and execution of this Agreement and has either done so or has knowingly and voluntarily waived that right.

14.4 Integration Clause

This Agreement contains the entire understanding of the Parties concerning their marital rights and obligations. There are no representations, warranties, promises, covenants, or undertakings other than those expressly set forth in this Agreement. This Agreement supersedes any and all prior agreements between the Parties.

14.5 Modification

This Agreement may only be modified by a written instrument executed by both Parties with the same formality as this Agreement. No oral modifications shall be valid or binding.

14.6 Severability

If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law. The Parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Agreement. In such event, the Parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the Parties' original intent and economic expectations. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

14.7 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [STATE], without giving effect to any choice of law or conflict of law provisions.

14.8 Dispute Resolution

Any dispute arising out of or relating to this Agreement, including but not limited to its interpretation, implementation, or alleged breach, shall be submitted to mediation before either Party may file an action in court, except in cases of emergency. The Parties shall share the cost of mediation equally.

If mediation is unsuccessful, either Party may pursue any remedies available under applicable law. In any legal proceeding to enforce or interpret this Agreement, the prevailing Party shall be entitled to recover reasonable attorney's fees and costs.

14.9 Attorney Fees

Each Party shall be responsible for his or her own attorney's fees and costs incurred in connection with the negotiation and preparation of this Agreement and the dissolution of marriage proceeding, except as otherwise provided herein.

In any future proceeding to enforce or interpret this Agreement, the prevailing Party shall be entitled to recover reasonable attorney's fees and costs.

14.10 Waiver of Estate Claims

Except as otherwise provided in this Agreement, each Party hereby waives, releases, and relinquishes any and all rights that he or she may now have or hereafter acquire under the laws of any jurisdiction to share in the property or estate of the other Party as a result of the marital relationship, including without limitation any rights of dower, curtesy, statutory allowance, homestead rights, right to take in intestacy, right to take against the will of the other Party, and right to act as administrator or executor of the other Party's estate.

14.11 Name Change

[IF APPLICABLE:] [SPOUSE 1/2 DESIGNATION] intends to resume the use of his/her former name, [FORMER NAME], and may request that the Court include an order restoring that name in the Judgment of Dissolution of Marriage.

14.12 Confidentiality

The Parties agree to keep the terms of this Agreement confidential and shall not disclose such terms to any third party except as necessary for implementation or enforcement of the Agreement, as required by law, or as necessary for legitimate financial, tax, or legal planning purposes.

14.13 Execution in Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile signatures and electronic signatures shall be deemed original signatures for all purposes.

14.14 Further Assurances

Each Party shall execute and deliver such additional documents and instruments and perform such additional acts as may be necessary or appropriate to effectuate, carry out, and perform all of the terms, provisions, and conditions of this Agreement and the transactions contemplated hereby.

14.15 Binding Effect

This Agreement shall be binding upon and inure to the benefit of the Parties, their respective heirs, executors, administrators, successors, and assigns.

14.16 Notices

Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by certified or registered mail, return receipt requested, or by overnight courier to the addresses set forth in the preamble of this Agreement or to such other address as either Party may designate by written notice.

14.17 Headings

The headings and subheadings in this Agreement are for convenience only and shall not be deemed to be a part of this Agreement.

14.18 Interpretation

This Agreement shall be construed without regard to the identity of the Party who drafted the various provisions. Each provision of this Agreement shall be construed as though the Parties participated equally in its drafting. Any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.

ARTICLE XV: EXECUTION

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above, each signifying his or her understanding of, and intent to be bound by, its terms.

[SPOUSE 1 FULL LEGAL NAME]

Date: _____________________________

[SPOUSE 2 FULL LEGAL NAME]

Date: _____________________________

NOTARY ACKNOWLEDGMENT

STATE OF ________________ ) ) ss. COUNTY OF ______________ )

On this _____ day of _____________, [YEAR], before me personally appeared [SPOUSE 1 FULL LEGAL NAME], to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as his/her free act and deed.

Notary Public My Commission Expires: _____________

STATE OF ________________ ) ) ss. COUNTY OF ______________ )

On this _____ day of _____________, [YEAR], before me personally appeared [SPOUSE 2 FULL LEGAL NAME], to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as his/her free act and deed.

Notary Public My Commission Expires: _____________

ATTORNEY CERTIFICATIONS

I, [ATTORNEY NAME], attorney for [SPOUSE 1 FULL LEGAL NAME], certify that I have advised my client of his/her rights and obligations in connection with this Marital Settlement Agreement, and that my client has acknowledged his/her understanding of the terms of this Agreement and has executed this Agreement freely and voluntarily.

[ATTORNEY NAME] Attorney for [SPOUSE 1 FULL LEGAL NAME]

Date: _____________________________

I, [ATTORNEY NAME], attorney for [SPOUSE 2 FULL LEGAL NAME], certify that I have advised my client of his/her rights and obligations in connection with this Marital Settlement Agreement, and that my client has acknowledged his/her understanding of the terms of this Agreement and has executed this Agreement freely and voluntarily.

[ATTORNEY NAME] Attorney for [SPOUSE 2 FULL LEGAL NAME]

Date: _____________________________

EXHIBITS

Exhibit A: Inventory and Division of Personal Property Exhibit B: Child Support Calculation Worksheet

Washington DC Requirements for Marital Settlement Agreement

Jurisdiction and Governing Law (D.C. Code § 16-904)
Establishes that the agreement is governed by the laws of the District of Columbia and that the parties submit to the jurisdiction of DC courts for enforcement and interpretation of the agreement.
Property Division (D.C. Code § 16-910)
Outlines the equitable distribution of marital property in accordance with DC law, which follows the principle of equitable distribution rather than community property.
Alimony/Spousal Support (D.C. Code § 16-913)
Details any spousal support arrangements, including amount, duration, and conditions for modification or termination, in compliance with DC alimony laws.
Child Custody and Parenting Time (D.C. Code § 16-914)
Establishes the legal and physical custody arrangements for minor children, including parenting time schedules, in accordance with the best interests of the child standard.
Child Support (D.C. Code § 16-916)
Specifies child support obligations calculated according to the DC Child Support Guidelines, including provisions for healthcare, education, and other expenses.
Tax Considerations (26 U.S.C. § 71, 215, 1041)
Addresses tax implications of property transfers, dependency exemptions for children, and tax treatment of support payments in compliance with federal tax laws.
Retirement and Pension Division (29 U.S.C. § 1056(d)(3))
Details the division of retirement accounts and pension benefits, including provisions for Qualified Domestic Relations Orders (QDROs) as required by federal law.
Health Insurance (29 U.S.C. § 1161-1169)
Addresses continuation of health insurance coverage for spouse and children, including provisions related to COBRA benefits under federal law.
Debt Allocation (D.C. Code § 16-910)
Specifies responsibility for marital and separate debts, including credit cards, mortgages, and loans, in accordance with DC equitable distribution principles.
Life Insurance (D.C. Code § 16-911)
Requires maintenance of life insurance policies to secure child support and/or alimony obligations in the event of the payor's death.
Dispute Resolution (D.C. Code § 16-4301 et seq.)
Establishes procedures for resolving future disputes, such as mediation or arbitration, before resorting to court intervention.
Modification Provisions (D.C. Code § 16-914(f)(1))
Outlines circumstances under which the agreement may be modified, particularly for child-related provisions, in accordance with DC law regarding substantial change in circumstances.
Relocation Provisions (D.C. Code § 16-914(d))
Addresses procedures and notice requirements if either parent wishes to relocate with the children, in compliance with DC relocation laws.
College Education Expenses (D.C. Code § 16-916)
Details responsibility for children's higher education expenses, which is not statutorily required in DC but may be included by agreement of the parties.
Military Benefits Division (10 U.S.C. § 1408)
Addresses division of military benefits for military spouses in accordance with the Uniformed Services Former Spouses' Protection Act.
Social Security Benefits (42 U.S.C. § 407)
Acknowledges federal law regarding Social Security benefits, which cannot be divided in divorce but may impact overall financial planning.
Domestic Violence Protections (D.C. Code § 16-1001 et seq.)
Includes provisions addressing any history of domestic violence and protective measures in accordance with DC's Intrafamily Offenses Act.
Full Disclosure Warranty (D.C. Code § 16-910)
Contains warranties that both parties have fully disclosed all assets and liabilities, with remedies for non-disclosure as required for enforceability under DC law.
Integration and Severability (D.C. Contract Law)
States that the agreement constitutes the entire understanding between parties and that if any provision is found invalid, the remainder continues in effect.
Attorney Fees (D.C. Code § 16-911(a)(1))
Addresses responsibility for attorney fees related to the preparation of the agreement and any future enforcement actions.