Marital Settlement Agreement Template
| Field | Value |
|---|---|
| Type | Skill Resource |
| Source | ~/.copilot/skills/legal/templates/marital-settlement-agreement-template.md |
| Description | Not specified |
Source Content
Marital Settlement Agreement Template
MARITAL SETTLEMENT AGREEMENT
This Marital Settlement Agreement (“Agreement”) is entered into on [Date] by and between:
[Party A Full Legal Name] (“Husband” / “Wife” / “Party A”), residing at [Address]; and
[Party B Full Legal Name] (“Husband” / “Wife” / “Party B”), residing at [Address].
Collectively referred to as the “Parties.”
Recitals
- The Parties were lawfully married on [date of marriage] in [city, state/country].
- The Parties have been separated since [date of separation].
- [There are / There are no] minor children born of or adopted during the marriage.
- The Parties desire to settle fully and finally all matters arising from their marriage, including property, debts, support, and custody, without further litigation.
Article I — Separation
The Parties confirm they are living separate and apart. Each party is free to live independently, and neither shall interfere with the other’s personal or professional affairs.
Article II — Minor Children (omit if no minor children)
2.1 Children
The minor child(ren) of the marriage are:
| Name | Date of Birth |
|---|---|
| [Child 1] | [DOB] |
| [Child 2] | [DOB] |
2.2 Legal Custody
The parties shall share [joint / sole] legal custody of the minor child(ren). [If joint: Major decisions concerning the child(ren)‘s education, healthcare, and religious upbringing shall be made jointly. In the event of a disagreement, [describe tie-breaking mechanism or escalation process].]
2.3 Physical Custody and Parenting Schedule
Primary physical custody shall be with [Party A / Party B]. The non-custodial parent shall have parenting time as follows:
- Regular schedule: [describe weekly schedule, e.g., every other weekend Friday through Sunday, Wednesday evenings, etc.]
- Holiday schedule: [describe holiday rotation]
- Summer/school-break schedule: [describe extended time]
- Transportation: [who transports, exchange location]
2.4 Child Support
[Party A / Party B] (“Payor”) shall pay [Party B / Party A] (“Payee”) child support in the amount of $[amount] per month, payable on the [1st / 15th] of each month, beginning [date].
- Payment method: [check / ACH / Venmo / other]
- Support shall continue until each child reaches age 18 or graduates from high school, whichever is later, unless otherwise modified by court order.
2.5 Health Insurance and Medical Expenses
[Party] shall maintain health insurance for the minor child(ren) through [employer / private plan] for so long as it is reasonably available at no additional cost above what that party already pays for individual coverage.
Uninsured/unreimbursed medical, dental, vision, and mental-health expenses shall be shared: [Party A] % / [Party B]%
2.6 Childcare and Extracurricular Expenses
Work-related childcare expenses shall be shared: [Party A] % / [Party B]%
Extracurricular activities: [describe how selected and funded].
2.7 Tax Dependency Exemption
For federal and state income-tax purposes, the dependency exemption for the minor child(ren) shall be claimed by [Party A / Party B / alternating — describe schedule].
Article III — Spousal Support / Alimony (omit or modify as applicable)
Option A — Support Agreed: [Party A / Party B] (“Payor”) shall pay [Party B / Party A] (“Recipient”) spousal support in the amount of $[amount] per month, payable on the [1st] of each month, beginning [date], and continuing until [date / event — e.g., Recipient’s remarriage / cohabitation / a specified end date / further order of court].
Option B — Spousal Support Waived: Each party waives, releases, and forever relinquishes any claim to spousal support, alimony, or maintenance from the other party.
Delete the option not used.
Article IV — Real Property
4.1 Marital Residence
The property located at [Address] (“Marital Residence”) shall be:
Option A — Sold: Listed for sale promptly. Net proceeds after satisfying the mortgage, costs of sale, and [describe any agreed allocations] shall be divided: [Party A] % / [Party B]%
Option B — Retained by One Party: Conveyed to [Party A / Party B], who shall assume the existing mortgage and indemnify the other party from liability thereon. The retaining party shall [refinance the mortgage into their sole name / obtain a release of the other party’s liability] within [___] days.
Option C — Deferred Sale (Nesting/Child-Stability Arrangement): [Party A / Party B] shall have the right to continue residing in the Marital Residence until [date / triggering event — e.g., youngest child reaches 18]. At that time, the residence shall be sold and proceeds divided as described in Option A above.
Delete the options not used.
4.2 Other Real Property
[Describe any other real property and its disposition.]
Article V — Personal Property
5.1 Already Divided
The Parties have already divided their personal property to their mutual satisfaction and agree that personal property currently in each party’s possession is that party’s sole and separate property.
5.2 Scheduled Items
The following specific items of personal property are allocated as follows:
| Item | Allocated to |
|---|---|
| [Item 1 — e.g., vehicle, furniture] | [Party A / Party B] |
| [Item 2] | [Party A / Party B] |
5.3 Vehicles
| Vehicle | Allocated to | Party assumes loan? |
|---|---|---|
| [Year/Make/Model, VIN] | [Party A] | Yes / No |
| [Year/Make/Model, VIN] | [Party B] | Yes / No |
Each party receiving a vehicle shall execute all necessary transfer documents and, if applicable, refinance the loan into their sole name within [___] days.
Article VI — Financial Accounts
6.1 Bank and Investment Accounts
Each party shall retain, as their sole and separate property, all accounts currently held in their individual name. The following jointly held accounts shall be divided:
| Account | Institution | Allocation |
|---|---|---|
| [Account type / last 4 digits] | [Bank] | [Party A % / Party B% / all to one] |
6.2 Retirement and Pension Accounts
Each party shall retain their own retirement accounts, including but not limited to:
| Account / Plan | Holder | Division |
|---|---|---|
| [401(k) / IRA / Pension] | [Party A] | [retained in full / split ___% to Party B via QDRO] |
| [401(k) / IRA / Pension] | [Party B] | [retained in full / split ___% to Party A via QDRO] |
If a Qualified Domestic Relations Order (QDRO) is needed, the receiving party shall bear the cost of preparation.
Article VII — Debts and Liabilities
Each party shall assume and pay the following marital debts and shall indemnify, defend, and hold the other party harmless from liability thereon:
[Party A] assumes:
- [Creditor, account description, approximate balance]
- [Creditor, account description, approximate balance]
[Party B] assumes:
- [Creditor, account description, approximate balance]
- [Creditor, account description, approximate balance]
Each party shall notify creditors of the change in responsibility within [___] days of execution of this Agreement. This Agreement does not alter each party’s obligation to creditors, who are not parties to this Agreement.
Article VIII — Insurance
8.1 Health Insurance
Each party shall obtain and maintain their own health insurance following [date / entry of final divorce decree].
8.2 Life Insurance (if applicable)
[Party] shall maintain life insurance in a face amount of no less than $[amount] naming [Party / children] as beneficiary for so long as [child support / spousal support] is outstanding.
Article IX — Tax Matters
9.1 Filing Status
For the tax year ending [year], the Parties shall file [jointly / separately].
9.2 Tax Liability
Any refund or liability from joint returns filed during the marriage shall be shared [equally / in proportion to income / as otherwise described].
9.3 Indemnification
Each party shall indemnify the other from any tax liability, penalty, or interest arising from that party’s own income or from any return filed after the date of this Agreement.
Article X — General Provisions
10.1 Voluntary Execution
Each party represents that they enter into this Agreement freely and voluntarily, without duress, undue influence, or fraud, with full knowledge of their rights and the value of the marital estate.
10.2 Disclosure
Each party represents that they have made a full and fair disclosure of all assets, liabilities, and income to the other party.
10.3 Independent Counsel
Each party has had a reasonable opportunity to seek independent legal advice before executing this Agreement [and has / has elected not to] retain counsel.
10.4 Entire Agreement
This Agreement constitutes the entire agreement of the Parties regarding the division of marital property, support, and custody. All prior negotiations and oral understandings are superseded.
10.5 Modification
This Agreement may be modified only by a signed, written instrument executed by both Parties or by subsequent order of a court of competent jurisdiction.
10.6 Severability
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force.
10.7 Governing Law
This Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia.
10.8 Incorporation into Decree
The Parties intend that this Agreement be incorporated into any final Decree of Divorce entered in the Circuit Court of [County / City], Virginia. The Parties [do / do not] intend that this Agreement survive the Decree as an independent contract.
10.9 Non-Disparagement
Each party agrees not to make disparaging statements about the other party to or within the hearing of the minor children, or to third parties in a manner that could damage the other party’s reputation.
10.10 Further Instruments
Each party shall execute any additional documents, deeds, titles, transfer forms, or instruments reasonably necessary to carry out the terms of this Agreement.
Signatures
By signing below, each party acknowledges that they have read this Agreement in its entirety, understand its terms, and agree to be bound by it.
[Party A Full Legal Name]
Signature: _________________________ Date: ___________
Printed Name: _____________________
[Party B Full Legal Name]
Signature: _________________________ Date: ___________
Printed Name: _____________________
Notarization
State of Virginia, [County / City] of _____________________
The foregoing instrument was subscribed and acknowledged before me this _____ day of ______________, 20, by _________________________.
Notary Public: _________________________ My Commission Expires: _________________ Registration Number: ___________________
State of Virginia, [County / City] of _____________________
The foregoing instrument was subscribed and acknowledged before me this _____ day of ______________, 20, by _________________________.
Notary Public: _________________________ My Commission Expires: _________________ Registration Number: ___________________
This template is a starting point. Marital settlement agreements entered in Virginia must meet the requirements of Va. Code § 20-155 et seq. to be enforceable. Child-support and custody terms are always subject to court review and modification in the best interest of the child. Consult a licensed Virginia attorney before finalizing.