MARITAL SETTLEMENT AGREEMENT

(Arizona – Comprehensive Divorce Settlement Template)

[// GUIDANCE: All bracketed text (e.g., [SPOUSE A FULL LEGAL NAME]) is a customizable placeholder. Remove guidance comments before finalizing for filing.]

TABLE OF CONTENTS

1. Document Header
2. Recitals
3. Definitions
4. Operative Provisions
   4.1 Dissolution Proceedings
   4.2 Division of Community Property and Allocation of Debts
   4.3 Spousal Maintenance
   4.4 Child-Related Matters
   4.5 Insurance & Beneficiary Designations
   4.6 Name Restoration
5. Representations & Warranties
6. Covenants & Restrictions
7. Default & Remedies
8. Risk Allocation
9. Dispute Resolution
10. General Provisions
11. Execution Block
12. Notarial Acknowledgments
13. Exhibits & Schedules

1. DOCUMENT HEADER

Marital Settlement Agreement (the “Agreement”) entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

a. [SPOUSE A FULL LEGAL NAME], residing at [ADDRESS] (“Spouse A”); and
b. [SPOUSE B FULL LEGAL NAME], residing at [ADDRESS] (“Spouse B”, and together with Spouse A, the “Parties” and each, individually, a “Party”).

2. RECITALS

A. The Parties were legally married on [MARRIAGE DATE] in [CITY, STATE] and have since acquired certain rights, duties, and obligations arising out of that marriage.
B. Irreconcilable differences have caused the irremediable breakdown of the marriage, and the Parties desire a comprehensive settlement of all matters, including property division, allocation of debts, spousal maintenance, child-related issues, and any other marital rights and obligations.
C. Each Party acknowledges having made a full and complete disclosure of all assets, liabilities, income, and expenses as required under Ariz. Rev. Stat. Ann. § 25-318 and Arizona Rule of Family Law Procedure 49.
D. The Parties enter into this Agreement freely, voluntarily, and without undue influence, intending that it be incorporated into any final Decree of Dissolution of Marriage issued by the Superior Court of the State of Arizona in and for [COUNTY] (the “Court”).

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

3. DEFINITIONS

For purposes of this Agreement, capitalized terms shall have the following meanings:

“Agreement” has the meaning set forth in the Document Header.
“Child” or “Children” means the minor child(ren) of the Parties: [NAME(S) AND DATE(S) OF BIRTH].
“Child Support Guidelines” means the Arizona Child Support Guidelines adopted pursuant to Ariz. Rev. Stat. Ann. § 25-320.
“Community Property” has the meaning given in Ariz. Rev. Stat. Ann. § 25-211 and includes all property acquired by either Party during the marriage except Separate Property.
“Court” has the meaning set forth in Recital D.
“Debt” means any secured or unsecured obligation for which either Party is legally liable.
“Legal Decision-Making” has the definition set forth in Ariz. Rev. Stat. Ann. § 25-401.
“Parenting Plan” means the detailed parenting time schedule attached hereto as Exhibit A.
“Separate Property” means property owned before marriage, acquired by gift or inheritance, or otherwise qualifying as separate property under Ariz. Rev. Stat. Ann. § 25-213.
“Spousal Maintenance” means support payable pursuant to Section 4.3.

4. OPERATIVE PROVISIONS

4.1 Dissolution Proceedings

4.1.1 Joint Petition. Within [NUMBER] days after the Effective Date, the Parties shall file a joint petition or stipulation for dissolution requesting that the Court incorporate this Agreement into the final decree.
4.1.2 Cooperation. Each Party shall execute all pleadings, affidavits, and ancillary documents reasonably necessary to obtain entry of the decree consistent with this Agreement.

4.2 Division of Community Property and Allocation of Debts

[// GUIDANCE: Tailor sub-sections to the specific asset profile of the Parties.]

4.2.1 General Rule. The Parties acknowledge Arizona’s community-property framework (Ariz. Rev. Stat. Ann. § 25-318) and agree to the allocations herein in full satisfaction of any community or quasi-community property claims.

4.2.2 Real Property.
a. Marital Residence located at [ADDRESS AND LEGAL DESCRIPTION] shall be conveyed to [SPOUSE A / SPOUSE B / THIRD-PARTY BUYER].
b. Closing shall occur on or before [DATE], with net sale proceeds or equity to be divided [PERCENTAGE/PERCENTAGE] between the Parties.
c. The receiving Party shall refinance and remove the non-receiving Party from all encumbrances within [NUMBER] days post-decree.

4.2.3 Retirement Assets.
a. [PLAN NAME] held in the name of [PARTY] shall be divided via a Qualified Domestic Relations Order (“QDRO”) allocating [PERCENTAGE] of the community interest to [ALTERNATE PAYEE].
b. The Parties shall share equally the cost of preparing and implementing each QDRO.

4.2.4 Personal Property. Tangible personal property is divided per the inventory attached as Schedule 1. Possession shall transfer within [NUMBER] days post-decree.

4.2.5 Financial Accounts. Bank, brokerage, and cryptocurrency accounts are allocated per Schedule 2. Any inadvertent omission shall be addressed under Section 8.2 (After-Discovered Assets).

4.2.6 Debts. All community Debts listed on Schedule 3 shall be assumed by the Party identified therein, who shall indemnify and hold harmless the other from such Debt per Section 8.1.

4.2.7 Equalization Payment. To effectuate equitable division, [PAYOR NAME] shall pay an equalization payment of $[AMOUNT] to [PAYEE NAME] no later than [DATE], with interest at [RATE]% per annum on any unpaid balance.

4.3 Spousal Maintenance (Ariz. Rev. Stat. Ann. § 25-319)

4.3.1 Entitlement. The Parties agree that [SPOUSE A / SPOUSE B] qualifies for spousal maintenance.
4.3.2 Amount & Duration. [PAYOR] shall pay $[AMOUNT] per month, commencing on [DATE] and continuing for [DURATION IN MONTHS/YEARS] or until the earliest of: (a) remarriage of the recipient; (b) death of either Party; or (c) further order of the Court.
4.3.3 Tax Treatment. Spousal maintenance shall be treated [as taxable income to recipient and deductible by payor / per current federal tax law].
4.3.4 Modifiability. Spousal maintenance [shall / shall not] be modifiable pursuant to Ariz. Rev. Stat. Ann. § 25-327.

4.4 Child-Related Matters

4.4.1 Legal Decision-Making

a. The Parties shall have [joint / sole] legal decision-making authority in the best interests of the Children in accordance with factors under Ariz. Rev. Stat. Ann. § 25-403(A).
b. Major decisions (education, non-emergency medical, religion) require mutual agreement; absent agreement, either Party may petition the Court.

4.4.2 Parenting Time

a. Parenting time shall be governed by the Parenting Plan (Exhibit A).
b. Exchanges shall occur at [LOCATION]; the receiving parent is responsible for transportation unless otherwise agreed.

4.4.3 Child Support

a. Guideline Calculation. Child support is set at $[AMOUNT] per month, payable by [PAYOR] to [PAYEE], pursuant to the Child Support Guidelines and Ariz. Rev. Stat. Ann. § 25-320.
b. Payment Method. Payments shall be made through the Arizona Support Payment Clearinghouse via income withholding order.
c. Adjustments. Support shall automatically adjust per guideline review every [24 / 36] months or upon a 15% change in combined gross income.

4.4.4 Health Insurance & Unreimbursed Expenses

a. [PARTY] shall maintain comprehensive medical, dental, and vision insurance for the Children.
b. Unreimbursed expenses shall be shared [PERCENTAGE/PERCENTAGE], payable within 30 days of documented demand.

4.4.5 Tax Exemptions

Beginning tax year [YEAR], the Parties shall alternate the federal and state child-related tax exemptions, with [PARTY] claiming in even-numbered years and [PARTY] in odd-numbered years, contingent upon IRS eligibility requirements and current support compliance.

4.5 Insurance & Beneficiary Designations

Each Party shall name the other, or the Children in trust, as irrevocable beneficiary of life insurance policies in the face amount of at least $[AMOUNT] until Spousal Maintenance and Child Support obligations terminate.

4.6 Name Restoration

Upon entry of the decree, [SPOUSE NAME] may resume the use of former legal name: [FORMER LEGAL NAME].

5. REPRESENTATIONS & WARRANTIES

5.1 Authority. Each Party has full legal capacity and authority to enter into and perform this Agreement.
5.2 Disclosure. Each Party represents that all material assets, liabilities, income, and expenses have been fully disclosed.
5.3 Independent Counsel. Each Party has been advised of the right to independent legal counsel and either has retained such counsel or voluntarily chosen not to do so.
5.4 No Reliance. No Party relies on any statement or promise not expressly set forth in this Agreement.
5.5 Survival. The representations and warranties in this Section 5 survive entry of the decree and are enforceable notwithstanding merger.

6. COVENANTS & RESTRICTIONS

6.1 Further Assurances. The Parties shall execute any additional instruments and take such further actions as may be reasonably necessary to effectuate this Agreement, including deeds, titles, QDROs, and service transfer documents.
6.2 Non-Interference. Neither Party shall willfully interfere with the parenting time or decision-making rights of the other.
6.3 Notice of Change. Each Party shall provide the other with at least 30 days’ prior written notice of relocation, employment change, or other material change affecting obligations herein.

7. DEFAULT & REMEDIES

7.1 Event of Default. Failure to perform any material obligation (including timely payment of support or execution of transfer documents) constitutes an “Event of Default.”
7.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party has 10 calendar days to cure monetary defaults and 30 calendar days to cure non-monetary defaults.
7.3 Remedies. Upon uncured default, the non-defaulting Party may:
a. Seek specific performance, contempt, wage assignment, or judgment from the Court;
b. Recover reasonable attorney fees and costs per Ariz. Rev. Stat. Ann. § 25-324;
c. Offset unpaid obligations against any reciprocal payment obligations;
d. Pursue any other remedy available at law or in equity.

8. RISK ALLOCATION

8.1 Mutual Indemnification

Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other from any Debt, tax liability, or obligation assigned to the Indemnifying Party herein, together with all losses, costs, and attorney fees arising therefrom.

8.2 After-Discovered Assets

Assets or liabilities omitted from this Agreement shall be deemed held 50% / 50% as Community Property and shall be divided or allocated by (a) written agreement, or (b) Court order if no agreement within 60 days after discovery.

8.3 Limitation of Liability

Except for indemnification obligations under Section 8.1 and intentional misconduct, each Party’s aggregate liability arising out of this Agreement shall be limited to his or her share of Community Property and Separate Property awarded herein (the “Liability Cap”).

8.4 Force Majeure

A Party is excused from timely performance (other than payment obligations) to the extent delayed by acts of God, war, pandemic, or other events beyond reasonable control, provided written notice is given within 5 days of onset and performance resumes promptly thereafter.

9. DISPUTE RESOLUTION

9.1 Governing Law. This Agreement is governed by and construed in accordance with the domestic relations laws of the State of Arizona.

9.2 Exclusive Forum. The Superior Court of the State of Arizona in and for [COUNTY] has exclusive jurisdiction over all matters arising under or relating to this Agreement, except as set forth in Section 9.3.

9.3 Limited Arbitration. Property-specific enforcement disputes not involving child-related issues may, upon mutual written consent, be submitted to binding arbitration under A.R.S. § 12-1501 et seq.; the arbitrator shall have authority only to enforce the terms herein and shall not modify any child-related provision.

9.4 Injunctive Relief. Nothing in this Section 9 limits a Party’s right to seek temporary or permanent restraining orders or other equitable relief from the Court.

9.5 Jury Trial Waiver. The Parties acknowledge that family-court matters are decided without a jury and expressly waive any right thereto.

10. GENERAL PROVISIONS

10.1 Entire Agreement. This Agreement, including all Exhibits and Schedules, constitutes the entire understanding between the Parties and supersedes all prior agreements.
10.2 Amendments. No amendment is effective unless in a writing signed by both Parties and, where required, approved by the Court.
10.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to make it valid and enforceable.
10.4 Assignment. Rights and obligations herein are personal and non-assignable without prior written consent, except to a trust benefitting the Children.
10.5 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, personal representatives, and permitted assigns.
10.6 Headings. Section headings are for convenience only and do not affect interpretation.
10.7 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is an original and all of which constitute one instrument. Facsimile, PDF, and electronic signatures are deemed originals.

11. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Marital Settlement Agreement as of the Effective Date.

12. NOTARIAL ACKNOWLEDGMENTS

[// GUIDANCE: Arizona notarization is strongly recommended for enforceability. Insert proper notary block pursuant to A.R.S. § 41-311.]

13. EXHIBITS & SCHEDULES

• Exhibit A – Parenting Plan
• Schedule 1 – Personal Property Allocation
• Schedule 2 – Financial Accounts Allocation
• Schedule 3 – Community Debts Allocation
• Exhibit B – Sample QDRO Outline (optional)

[// GUIDANCE: Final checklist for counsel:
1. Verify statutory compliance with A.R.S. §§ 25-318, 319, 320, 403.
2. Attach required Parenting Plan in Court-approved format.
3. Confirm Child Support Guidelines worksheet accuracy.
4. Prepare and file QDRO(s) contemporaneously with decree.
5. File the Court’s mandatory Sensitive Data Sheet under seal.
6. Ensure both Parties complete Arizona Parent Information Program before decree submission.
7. Remove guidance comments and complete all placeholders prior to execution.]