California Marital Settlement Agreement (Divorce Settlement Agreement)

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JURISDICTION: California
LAST UPDATED: 2026-02-16
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MARITAL SETTLEMENT AGREEMENT

(California Family Code §§ 1500, 2550, 2610, 2640, 3011, 3020, 4055, 4320)

Superior Court of California, County of [________________________________]

Case No. [________________________________]

Recitals and Background
Definitions
Community Property Division
Real Property
Personal Property Division
Retirement Accounts and Pension Benefits
Business Interests and Valuation
Debts and Obligations
Epstein Credits and Watts Charges
Reimbursement Claims
Spousal Support
Child Custody and Visitation
Child Support
Health Insurance and Medical Expenses
Life Insurance Requirements
Tax Provisions
Attorney Fees and Costs
Name Restoration
Fiduciary Duty Acknowledgments and Full Disclosure
Dispute Resolution
Covenants and Agreements
Default and Enforcement
General Provisions
Integration, Merger, and Incorporation into Judgment
Execution and Notarization
Schedules and Exhibits

SECTION 1: RECITALS AND BACKGROUND

1.1 Parties. This Marital Settlement Agreement (hereinafter "Agreement") is entered into by and between:

Petitioner: [________________________________] (hereinafter "Petitioner")

Date of Birth: [__/__/____]
Current Address: [________________________________]

Respondent: [________________________________] (hereinafter "Respondent")

Date of Birth: [__/__/____]
Current Address: [________________________________]

Petitioner and Respondent are collectively referred to as the "Parties" and individually as a "Party."

1.2 Date of Marriage. The Parties were lawfully married on [__/__/____] in [________________________________] (city), [________________________________] (county/state/country).

1.3 Date of Separation. The Parties separated on [__/__/____] (hereinafter the "Date of Separation") as determined pursuant to Cal. Fam. Code § 70. The Parties acknowledge and agree that this date constitutes the Date of Separation for all purposes including property characterization, support calculations, and fiduciary duty obligations.

1.4 Length of Marriage. The duration of the marriage from the date of marriage to the Date of Separation is approximately [____] years and [____] months.

1.5 Minor Children. The Parties are the parents of the following minor child(ren):

Child's Name	Date of Birth	Age	Current Residence
[________________________________]	[__/__/____]	[____]	[________________________________]
[________________________________]	[__/__/____]	[____]	[________________________________]
[________________________________]	[__/__/____]	[____]	[________________________________]

☐ The Parties have no minor children of this marriage.
☐ The Parties have [____] minor child(ren) as listed above.
☐ No Party is currently pregnant.
☐ [________________________________] is currently pregnant, with an expected due date of [__/__/____].

1.6 Pending Proceeding. A Petition for Dissolution of Marriage was filed on [__/__/____] in the Superior Court of California, County of [________________________________], Case No. [________________________________].

1.7 Basis for Agreement. The Parties enter into this Agreement freely and voluntarily, without fraud, duress, or undue influence, for the purpose of settling all rights and obligations arising from their marital relationship, including but not limited to the division of community and quasi-community property, allocation of debts, spousal support, child custody, child support, and all other matters set forth herein.

1.8 Authority. This Agreement is entered into pursuant to Cal. Fam. Code § 1500, which authorizes married persons to enter into agreements regarding their property rights. This Agreement is intended to be submitted to the Court and incorporated into the Judgment of Dissolution of Marriage.

1.9 Independent Counsel. Each Party acknowledges and represents:

☐ Petitioner is represented by [________________________________], Attorney at Law, State Bar No. [________________________________].
☐ Respondent is represented by [________________________________], Attorney at Law, State Bar No. [________________________________].
☐ [________________________________] has chosen to proceed without legal counsel and has been advised of the right to retain counsel and the risks of self-representation.

SECTION 2: DEFINITIONS

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

2.1 "Agreement" means this Marital Settlement Agreement, including all Schedules and Exhibits attached hereto and incorporated herein by reference.

2.2 "Child(ren)" means the minor child(ren) of the Parties identified in Section 1.5.

2.3 "Community Property" means all property, whether real, personal, or mixed, acquired by either Party during the marriage that is presumed to be community property under Cal. Fam. Code § 760, except as otherwise characterized herein.

2.4 "Court" means the Superior Court of California, County of [________________________________], Family Law Division.

2.5 "Date of Separation" means [__/__/____] as set forth in Section 1.3.

2.6 "Effective Date" means the later of (i) the date this Agreement is executed by both Parties or (ii) the date the Agreement is approved and incorporated into the Judgment of Dissolution by the Court.

2.7 "Family Residence" means the real property located at [________________________________] and more particularly described in Schedule A.

2.8 "Judgment" means the Judgment of Dissolution of Marriage entered by the Court in the pending dissolution proceeding.

2.9 "Parenting Plan" means the detailed custodial and visitation schedule attached hereto as Schedule D.

2.10 "QDRO" means a Qualified Domestic Relations Order as defined by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1056(d), or a Domestic Relations Order (DRO) for public retirement systems not subject to ERISA.

2.11 "Quasi-Community Property" means all property, wherever situated, acquired by either Party while domiciled elsewhere that would have been community property had the acquiring Party been domiciled in California at the time of acquisition, as defined by Cal. Fam. Code § 125.

2.12 "Separate Property" means all property owned by a Party before marriage, acquired by gift or inheritance during the marriage, or acquired after the Date of Separation, as defined by Cal. Fam. Code §§ 770-772, and as expressly listed in Schedule B.

SECTION 3: COMMUNITY PROPERTY DIVISION

3.1 Equal Division Presumption. Pursuant to Cal. Fam. Code § 2550, the Parties intend to divide the community estate equally, except as expressly provided otherwise in this Agreement. Any unequal division is the result of the Parties' informed and voluntary agreement, made after full disclosure of all material facts.

3.2 Community Property Characterization. The Parties have identified, characterized, and valued all community and quasi-community property as set forth in Schedule A. Each Party has had a full and fair opportunity to investigate, appraise, and verify the nature, extent, and value of all assets.

3.3 Equalization Payment. To the extent the division of community property results in an unequal allocation, the Party receiving the greater net value shall pay to the other Party an equalization payment as follows:

☐ No equalization payment is required; the Parties agree the division is substantially equal.
☐ [________________________________] shall pay to [________________________________] the sum of $[________________________________] as an equalization payment, payable as follows: [________________________________].

3.4 Omitted or Undisclosed Assets. Any community or quasi-community property not disclosed or not divided by this Agreement shall be subject to later division by the Court upon discovery. Pursuant to Cal. Fam. Code § 1101(h), if a Party deliberately misrepresents or fails to disclose a community asset, the Court may award the entire asset to the other Party, plus attorney fees.

3.5 Transfer of Property. All transfers of property between the Parties pursuant to this Agreement shall be completed within [____] days of the Effective Date unless otherwise specified herein. Each Party shall execute all documents reasonably necessary to effectuate such transfers, including but not limited to deeds, assignments, bills of sale, and account transfer forms.

3.6 Tax Treatment of Transfers. The Parties acknowledge that transfers of property between spouses incident to a divorce are generally nontaxable events under 26 U.S.C. § 1041 (Internal Revenue Code § 1041). Each Party shall consult with their own tax advisor regarding the tax consequences of any transfer.

SECTION 4: REAL PROPERTY

4.1 Family Residence

The Family Residence is located at:

Address: [________________________________]
Legal Description: [________________________________] (see Schedule A for full legal description)
Assessor's Parcel Number: [________________________________]
Current Fair Market Value (agreed or appraised): $[________________________________]
Outstanding Mortgage Balance(s): $[________________________________]
Lender(s): [________________________________]
Net Equity: $[________________________________]

4.1.1 Disposition of Family Residence. The Parties agree to the following disposition:

☐ Option A: Buyout by One Party. [________________________________] ("Retaining Party") shall retain the Family Residence as their sole and separate property. The Retaining Party shall:

(a) Pay to the other Party the sum of $[________________________________] representing their community property share of the net equity, payable on or before [__/__/____];
(b) Refinance the existing mortgage(s) solely in the Retaining Party's name within [____] days of the Effective Date, thereby removing the other Party from all liability;
(c) The other Party shall execute and deliver an Interspousal Transfer Deed (Grant Deed) within [____] days of receiving the buyout payment and confirmation of refinancing.

☐ Option B: Sale of Property. The Family Residence shall be listed for sale within [____] days of the Effective Date. The Parties agree:

(a) The listing agent shall be [________________________________] or a mutually agreed-upon licensed real estate agent;
(b) The initial listing price shall be $[________________________________] or as recommended by the listing agent;
(c) Net sale proceeds, after payment of all mortgages, liens, closing costs, commissions, and sale-related expenses, shall be divided: [____]% to Petitioner and [____]% to Respondent;
(d) If the property has not sold within [____] months, the listing price shall be reduced by mutual agreement or by Court order;
(e) Pending sale, [________________________________] shall have exclusive occupancy and shall be solely responsible for the mortgage payment(s), property taxes, homeowner's insurance, and routine maintenance.

☐ Option C: Deferred Sale (Family Code § 3800 et seq.). Pursuant to Cal. Fam. Code §§ 3800-3810, the Court may order a deferred sale of the Family Residence to minimize the adverse impact on the welfare and best interests of the minor Child(ren). Under this option:

(a) [________________________________] shall have exclusive occupancy with the minor Child(ren) until [__/__/____] or the occurrence of a triggering event;
(b) Triggering events for sale include: (i) the youngest Child reaches age [____]; (ii) the occupying Party remarries or enters a new domestic partnership; (iii) the occupying Party vacates the residence; (iv) further Court order;
(c) During the deferred sale period, mortgage payments, property taxes, insurance, and maintenance shall be allocated as follows: [________________________________];
(d) Upon sale, net proceeds shall be divided: [____]% to Petitioner and [____]% to Respondent, subject to credits and adjustments for interim payments.

4.2 Proposition 19 Property Tax Advisory

IMPORTANT NOTICE REGARDING PROPERTY TAX REASSESSMENT:

The Parties are advised that California Proposition 19 (effective February 16, 2021, codified at Cal. Rev. & Tax. Code § 63.2) significantly changed property tax transfer rules. The following provisions apply:

(a) Interspousal Transfers: Transfers of real property between spouses or registered domestic partners, including transfers incident to divorce, generally do NOT trigger reassessment under Cal. Rev. & Tax. Code § 63. However, a change-in-ownership statement must be filed with the County Assessor;

(b) Future Transfers to Children: Under Proposition 19, the prior parent-child exclusion from reassessment (former Proposition 58) has been substantially narrowed. A property transferred from a parent to a child will only avoid reassessment if the child uses the property as their primary residence within one year of transfer, and even then, the exclusion is limited to the property's factored base year value plus $1,000,000;

(c) Advisory: Each Party should consult with a qualified tax advisor or real estate attorney regarding the property tax implications of any real property transfers made pursuant to this Agreement, particularly if the property may later be transferred to the Parties' children.

4.3 Other Real Property

The Parties own the following additional real property interests, which shall be divided as indicated:

Property Address/Description	APN	Approximate Value	Allocated To	Encumbrances
[________________________________]	[________________________________]	$[________________________________]	☐ Petitioner ☐ Respondent	$[________________________________]
[________________________________]	[________________________________]	$[________________________________]	☐ Petitioner ☐ Respondent	$[________________________________]

SECTION 5: PERSONAL PROPERTY DIVISION

5.1 Division of Tangible Personal Property. The Parties have divided or shall divide tangible personal property as follows:

5.1.1 Items Already Divided. The Parties acknowledge that they have already divided certain personal property to their mutual satisfaction. Each Party shall retain all tangible personal property currently in their possession as of the date of this Agreement, except as otherwise specified herein.

5.1.2 Motor Vehicles.

Vehicle (Year/Make/Model/VIN)	Current Value	Loan Balance	Allocated To
[________________________________]	$[________________________________]	$[________________________________]	☐ Petitioner ☐ Respondent
[________________________________]	$[________________________________]	$[________________________________]	☐ Petitioner ☐ Respondent

The Party receiving each vehicle shall be solely responsible for all loan payments, insurance, registration, and maintenance. Title shall be transferred within [____] days of the Effective Date.

5.1.3 Household Furnishings and Personal Effects. See Schedule C for a detailed allocation of household furnishings, electronics, art, jewelry, and other personal effects.

5.1.4 Pets/Companion Animals. Pursuant to Cal. Fam. Code § 2605:

☐ [________________________________] shall retain [________________________________] (pet name/description).
☐ The Parties shall share custody of [________________________________] according to the following schedule: [________________________________].
☐ Not applicable.

5.2 Financial Accounts. The following financial accounts shall be divided as indicated:

Institution	Account Type	Last 4 Digits	Balance (approx.)	Allocated To
[________________________________]	☐ Checking ☐ Savings ☐ Investment ☐ Other	[____]	$[________________________________]	☐ Petitioner ☐ Respondent
[________________________________]	☐ Checking ☐ Savings ☐ Investment ☐ Other	[____]	$[________________________________]	☐ Petitioner ☐ Respondent
[________________________________]	☐ Checking ☐ Savings ☐ Investment ☐ Other	[____]	$[________________________________]	☐ Petitioner ☐ Respondent

5.3 Stock Options, Restricted Stock Units, and Deferred Compensation. The following equity awards and deferred compensation are community property to the extent they were earned or vested during the marriage:

Employer/Plan	Type	Grant Date	Vesting Schedule	Community Share	Allocated To
[________________________________]	[________________________________]	[__/__/____]	[________________________________]	[____]%	☐ Petitioner ☐ Respondent ☐ Divided per formula

5.4 Intellectual Property and Royalties. Any patents, copyrights, trademarks, royalty streams, or other intellectual property interests acquired during the marriage are allocated as set forth in Schedule C-1.

5.5 Separate Property Confirmation. Each Party's separate property, as identified in Schedule B, is confirmed as the sole and separate property of that Party, free and clear of any community property interest or claim by the other Party.

SECTION 6: RETIREMENT ACCOUNTS AND PENSION BENEFITS

6.1 Identification of Retirement Benefits. Pursuant to Cal. Fam. Code § 2610, the following retirement, pension, and deferred compensation accounts are subject to division:

Plan Name/Administrator	Type	Account Holder	Approximate Value	Community Interest
[________________________________]	☐ 401(k) ☐ 403(b) ☐ IRA ☐ Roth IRA ☐ Pension ☐ Other	☐ Petitioner ☐ Respondent	$[________________________________]	$[________________________________]
[________________________________]	☐ 401(k) ☐ 403(b) ☐ IRA ☐ Roth IRA ☐ Pension ☐ Other	☐ Petitioner ☐ Respondent	$[________________________________]	$[________________________________]
[________________________________]	☐ 401(k) ☐ 403(b) ☐ IRA ☐ Roth IRA ☐ Pension ☐ Other	☐ Petitioner ☐ Respondent	$[________________________________]	$[________________________________]

6.2 Division Method. The community property interest in each retirement account shall be divided as follows:

☐ Defined Contribution Plans (401(k), 403(b), IRA, etc.): The community property interest shall be divided equally by Qualified Domestic Relations Order (QDRO) or, for IRAs, by direct trustee-to-trustee transfer. The non-participant Party shall receive [____]% of the community property interest, calculated as the account balance as of the Date of Separation [____], plus or minus gains, losses, interest, and dividends attributable to the community share from the Date of Separation to the date of distribution.

☐ Defined Benefit Plans (Pensions): The community property interest shall be divided using the "time rule" formula (per In re Marriage of Brown): the number of months of credited service from the date of marriage to the Date of Separation, divided by the total number of months of credited service at retirement. The non-participant Party shall receive [____]% of the community property fraction of the monthly benefit.

6.3 QDRO/DRO Preparation and Filing. The Parties agree:

(a) A Qualified Domestic Relations Order (or, for public plans, a Domestic Relations Order) shall be prepared for each applicable retirement plan by [________________________________] (attorney/firm) at the expense of [________________________________];

(b) Each Party shall cooperate fully in the preparation, review, and filing of all QDROs/DROs;

(d) If a QDRO/DRO is rejected by the plan administrator, the Parties shall cooperate to modify and resubmit the order;

(e) Pending entry of the QDRO/DRO, neither Party shall take any action to diminish, encumber, or withdraw community property retirement funds, including but not limited to taking loans against the accounts, changing beneficiary designations, or electing early retirement or lump-sum distributions.

6.4 Survivor Benefits. Pursuant to Cal. Fam. Code § 2610(a)(2), each Party shall maintain the other Party as beneficiary for the community property share of any pension benefit that provides survivor benefits, unless and until a QDRO/DRO is entered providing alternative security.

6.5 Military Retirement. (If applicable)

☐ Not applicable.
☐ [________________________________] is an active duty/retired member of the [________________________________] branch of the United States Armed Forces. Division of military retired pay shall comply with the Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U.S.C. § 1408, and shall be accomplished by direct payment from DFAS to the extent the marriage overlapped with military service for at least ten (10) years ("10/10 rule").

SECTION 7: BUSINESS INTERESTS AND VALUATION

7.1 Identification of Business Interests. The Parties have an interest in the following business(es):

Business Name	Entity Type	Ownership %	Owner	Agreed Value
[________________________________]	☐ Sole Prop. ☐ LLC ☐ Corp. ☐ Partnership ☐ Other	[____]%	☐ Petitioner ☐ Respondent ☐ Joint	$[________________________________]

7.2 Valuation. The community property interest in the business has been valued as follows:

☐ By mutual agreement of the Parties at $[________________________________];
☐ By forensic business valuation performed by [________________________________], CPA/CVA, dated [__/__/____], at $[________________________________] (see Exhibit [____]);
☐ Valuation is deferred and subject to further appraisal.

7.3 Allocation of Business Interests. The business interest(s) shall be allocated as follows:

☐ [________________________________] shall retain the business interest as sole and separate property and shall pay to the other Party $[________________________________] representing their community property share, payable as follows: [________________________________];
☐ The business shall be sold and net proceeds divided [____]% to Petitioner and [____]% to Respondent;
☐ Other arrangement: [________________________________].

7.4 Non-Competition and Non-Interference. Following execution of this Agreement, the non-retaining Party shall not directly compete with or solicit customers, clients, or employees of the business for a period of [____] months, to the extent permitted by California law.

SECTION 8: DEBTS AND OBLIGATIONS

8.1 Community Debts. Pursuant to Cal. Fam. Code §§ 2620-2627, the following community debts and obligations are allocated as indicated:

Creditor	Account (Last 4)	Type	Balance	Allocated To
[________________________________]	[____]	☐ Mortgage ☐ Credit Card ☐ Auto Loan ☐ Student Loan ☐ Other	$[________________________________]	☐ Petitioner ☐ Respondent
[________________________________]	[____]	☐ Mortgage ☐ Credit Card ☐ Auto Loan ☐ Student Loan ☐ Other	$[________________________________]	☐ Petitioner ☐ Respondent
[________________________________]	[____]	☐ Mortgage ☐ Credit Card ☐ Auto Loan ☐ Student Loan ☐ Other	$[________________________________]	☐ Petitioner ☐ Respondent
[________________________________]	[____]	☐ Mortgage ☐ Credit Card ☐ Auto Loan ☐ Student Loan ☐ Other	$[________________________________]	☐ Petitioner ☐ Respondent

8.2 Debt Indemnification. Each Party shall be solely responsible for the debts allocated to them in Section 8.1 and shall indemnify and hold the other Party harmless from any claim, loss, or liability arising from those debts. This indemnification includes responsibility for all principal, interest, penalties, fees, and any costs or attorney fees incurred by the other Party in defending against a creditor's claim.

8.3 Separate Debts. Each Party confirms that the debts listed in Schedule E are their sole and separate obligations, incurred either before the marriage or after the Date of Separation, and each Party shall hold the other harmless from any liability related to those debts.

8.4 Post-Separation Debts. Each Party shall be solely responsible for any debts incurred in their individual name after the Date of Separation, unless such debt was incurred for the common necessaries of life as defined by Cal. Fam. Code § 2625.

8.5 Tax Liabilities. Any community property tax liabilities (federal, state, or local) for tax years during the marriage shall be allocated as follows:

☐ Divided equally between the Parties;
☐ Allocated to [________________________________];
☐ As set forth in Section 16 (Tax Provisions).

SECTION 9: EPSTEIN CREDITS AND WATTS CHARGES

9.1 Epstein Credits. Pursuant to In re Marriage of Epstein (1979) 24 Cal.3d 76, a Party who uses separate property funds (including post-separation earnings) to pay community obligations after the Date of Separation may be entitled to reimbursement. The Parties agree as follows:

☐ All Epstein credit claims have been calculated, negotiated, and are reflected in the overall property division set forth in this Agreement. Neither Party shall assert additional Epstein credit claims.

☐ The following Epstein credits are acknowledged and shall be applied:

Claiming Party	Description of Payment	Amount Paid	Community Obligation Paid	Credit Amount
[________________________________]	[________________________________]	$[________________________________]	[________________________________]	$[________________________________]
[________________________________]	[________________________________]	$[________________________________]	[________________________________]	$[________________________________]

☐ The Parties waive all Epstein credit claims.

9.2 Watts Charges. Pursuant to In re Marriage of Watts (1985) 171 Cal.App.3d 366, a Party who has exclusive use of a community asset after the Date of Separation may owe the other Party the reasonable value of that exclusive use. The Parties agree as follows:

☐ All Watts charges have been calculated, negotiated, and are reflected in the overall property division set forth in this Agreement. Neither Party shall assert additional Watts charge claims.

☐ The following Watts charges are acknowledged and shall be applied:

Charged Party	Asset Used Exclusively	Period of Exclusive Use	Fair Rental/Use Value	Watts Charge Amount
[________________________________]	[________________________________]	[__/__/____] to [__/__/____]	$[________________________________]/month	$[________________________________]

☐ The Parties waive all Watts charge claims.

9.3 Offset. The Parties agree that the net Epstein credits and Watts charges, after offset, result in a net amount of $[________________________________] owed by [________________________________] to [________________________________], which amount is:

☐ Incorporated into the equalization payment in Section 3.3;
☐ Payable separately on or before [__/__/____];
☐ Waived by mutual agreement.

SECTION 10: REIMBURSEMENT CLAIMS

10.1 Separate Property Contributions (Family Code § 2640). Pursuant to Cal. Fam. Code § 2640, a Party is entitled to reimbursement for contributions of separate property to the acquisition of community property. The Parties acknowledge the following § 2640 claims:

☐ No § 2640 reimbursement claims exist.
☐ The following § 2640 reimbursement claims are acknowledged:

Claiming Party	Separate Property Source	Community Asset Acquired/Improved	Amount of Contribution	Reimbursement Amount
[________________________________]	[________________________________]	[________________________________]	$[________________________________]	$[________________________________]

10.2 Community Contributions to Education or Training (Family Code § 2641). Pursuant to Cal. Fam. Code § 2641, the community is entitled to reimbursement for contributions to the education or training of a Party that substantially enhances that Party's earning capacity. The Parties acknowledge the following § 2641 claims:

☐ No § 2641 reimbursement claims exist.
☐ The following § 2641 reimbursement claims are acknowledged:

Benefiting Party	Education/Training	Community Funds Contributed	Reimbursement Amount
[________________________________]	[________________________________]	$[________________________________]	$[________________________________]

10.3 Waiver of Additional Claims. Except as expressly set forth in this Section 10, each Party waives any and all additional reimbursement claims arising under Cal. Fam. Code §§ 2640, 2641, or any other statutory or equitable basis.

SECTION 11: SPOUSAL SUPPORT

11.1 Consideration of Statutory Factors. In reaching agreement on spousal support, the Parties acknowledge that they have considered, and the Agreement reflects consideration of, all factors set forth in Cal. Fam. Code § 4320, including but not limited to:

(a) The extent to which the earning capacity of each Party is sufficient to maintain the standard of living established during the marriage;
(b) The extent to which the supported Party contributed to the attainment of an education, training, career position, or license by the supporting Party;
(c) The ability of the supporting Party to pay spousal support, considering earning capacity, earned and unearned income, assets, and standard of living;
(d) The needs of each Party based on the marital standard of living;
(e) The obligations and assets, including separate property, of each Party;
(f) The duration of the marriage;
(g) The ability of the supported Party to engage in gainful employment without unduly interfering with the interests of dependent children in the supported Party's custody;
(h) The age and health of the Parties;
(i) Documented evidence of domestic violence;
(j) The tax consequences to each Party;
(k) The balance of hardships to each Party;
(l) The goal that the supported Party shall be self-supporting within a reasonable period of time (generally one-half the length of the marriage for marriages under ten years, per Cal. Fam. Code § 4320(l));
(m) Any criminal conviction of an abusive spouse;
(n) All other factors the Court determines are just and equitable.

11.2 Spousal Support Terms. The Parties agree to the following spousal support arrangement:

☐ Option A: Spousal Support Payable.

Payor: [________________________________]
Payee: [________________________________]
Amount: $[________________________________] per month
Commencement Date: [__/__/____]
Duration: Support shall continue until the earliest of: (select all applicable)
☐ [__/__/____] (specific end date)
☐ [____] months/years from commencement
☐ Death of either Party
☐ Remarriage of the supported Party
☐ Registration of a new domestic partnership by the supported Party
☐ Further order of Court
☐ Other: [________________________________]
Payment Method: ☐ Direct deposit ☐ Check ☐ Wage assignment (FL-195) ☐ Other: [________________________________]
Due Date: On or before the [____] day of each month

☐ Option B: No Spousal Support / Mutual Waiver.
Each Party permanently waives any and all right to spousal support from the other Party now and in the future. The Court shall not retain jurisdiction to award spousal support to either Party. This waiver is made with full knowledge of each Party's current and foreseeable financial circumstances.

☐ Option C: Step-Down Spousal Support.
Support shall be reduced according to the following schedule:

Period	Monthly Amount
[__/__/____] to [__/__/____]	$[________________________________]
[__/__/____] to [__/__/____]	$[________________________________]
[__/__/____] to [__/__/____]	$[________________________________]

11.3 Modifiability.

☐ Spousal support is modifiable as to amount and duration upon a material change of circumstances, pursuant to Cal. Fam. Code §§ 4320, 4326.
☐ Spousal support is non-modifiable as to amount. Duration remains modifiable.
☐ Spousal support is non-modifiable as to both amount and duration ("Richmond waiver"). The Parties expressly waive their right to seek modification.
☐ Other: [________________________________]

11.4 Gavron Warning. Pursuant to Cal. Fam. Code § 4330(b) and In re Marriage of Gavron (1988) 203 Cal.App.3d 705, the supported Party is hereby advised:

THE SUPPORTED PARTY IS EXPECTED TO MAKE REASONABLE GOOD-FAITH EFFORTS TO BECOME SELF-SUPPORTING AS PROVIDED IN CALIFORNIA FAMILY CODE SECTION 4320(l). FAILURE TO MAKE REASONABLE EFFORTS MAY BE ONE FACTOR CONSIDERED BY THE COURT IN MODIFYING OR TERMINATING SPOUSAL SUPPORT.

☐ Petitioner acknowledges receipt and understanding of this Gavron warning.
☐ Respondent acknowledges receipt and understanding of this Gavron warning.

11.5 Security for Spousal Support. To secure the obligation to pay spousal support:

☐ No additional security is required.
☐ The payor shall maintain a life insurance policy in the amount of $[________________________________] with the payee as beneficiary for the duration of the support obligation (see Section 15).
☐ Other security: [________________________________].

11.6 Tax Treatment of Spousal Support. Under the Tax Cuts and Jobs Act of 2017 (effective for divorce agreements executed after December 31, 2018), spousal support payments are neither deductible by the payor nor includable in the income of the payee for federal income tax purposes. The Parties acknowledge this tax treatment and have factored it into the agreed support amount. State tax treatment may vary; each Party should consult with their tax advisor.

SECTION 12: CHILD CUSTODY AND VISITATION

12.1 Best Interests Standard. All custody and visitation provisions in this Agreement are made in the best interests of the minor Child(ren) pursuant to Cal. Fam. Code §§ 3011 and 3020, and with recognition of the public policy of California to ensure that children have frequent and continuing contact with both parents after separation.

12.2 Legal Custody.

☐ Joint Legal Custody. The Parties shall share joint legal custody of the minor Child(ren). Both parents shall have equal rights and responsibilities to make decisions regarding the health, education, and welfare of the Child(ren). Major decisions requiring mutual agreement include, but are not limited to:

Education (school selection, tutoring, special education)
Non-emergency medical and dental treatment
Mental health treatment and counseling
Religious upbringing
Extracurricular activities involving significant time or financial commitment
Travel outside the United States

☐ Sole Legal Custody. [________________________________] shall have sole legal custody with the right to make all decisions regarding the health, education, and welfare of the Child(ren), after providing the other parent with reasonable notice and opportunity to discuss significant decisions.

12.3 Physical Custody.

☐ Joint Physical Custody. The Parties shall share joint physical custody of the minor Child(ren) according to the Parenting Plan attached as Schedule D.
☐ Primary Physical Custody. [________________________________] shall have primary physical custody. [________________________________] shall have visitation as set forth in the Parenting Plan (Schedule D).

12.4 Parenting Plan. The detailed parenting schedule, including regular schedule, holiday/vacation schedule, and special provisions, is set forth in the Parenting Plan attached as Schedule D and incorporated herein by reference.

12.5 Relocation (Move-Away). Pursuant to Cal. Fam. Code § 3024, a parent proposing to change the residence of a child must give written notice to the other parent at least forty-five (45) days before the proposed change. The Parties further agree:

(a) Neither Party shall relocate with the Child(ren) more than [____] miles from [________________________________] without the prior written consent of the other Party or Court order;
(b) Any dispute regarding relocation shall be submitted to mediation before filing a motion with the Court;
(c) The relocating Party bears the burden of demonstrating that the proposed move is in the best interests of the Child(ren), considering the factors set forth in In re Marriage of LaMusga (2004) 32 Cal.4th 1072.

12.6 Modification of Custody. The Parties acknowledge that child custody and visitation orders are always modifiable by the Court based on the best interests of the Child(ren), regardless of the terms of this Agreement, pursuant to Cal. Fam. Code § 3087.

SECTION 13: CHILD SUPPORT

13.1 Guideline Calculation. Child support has been calculated in accordance with the statewide uniform guideline set forth in Cal. Fam. Code §§ 4050-4076. The guideline formula (Cal. Fam. Code § 4055) is:

CS = K[HN - (H%)(TN)]

Where:

CS = Child Support
K = Amount of both parents' income to be allocated for child support (based on number of children)
HN = High earner's net monthly disposable income
H% = Percentage of time the high earner has primary physical responsibility for the children
TN = Total net monthly disposable income of both parents

13.2 Support Inputs. The following inputs have been used in the guideline calculation:

Factor	Petitioner	Respondent
Gross Monthly Income	$[________________________________]	$[________________________________]
Net Monthly Disposable Income	$[________________________________]	$[________________________________]
Timeshare Percentage	[____]%	[____]%
Number of Children	[____]
Applicable Tax Filing Status	[________________________________]	[________________________________]

Guideline Support Amount: $[________________________________] per month, payable by [________________________________] to [________________________________].

13.3 Deviation from Guideline. (If applicable)

☐ The agreed child support amount is at the guideline level. No deviation applies.
☐ The Parties agree to deviate from the guideline amount. The agreed support amount is $[________________________________] per month. The Parties stipulate that this amount is in the best interests of the Child(ren) and that the following special circumstances justify the deviation pursuant to Cal. Fam. Code § 4057(b):

[________________________________]

13.4 Payment Terms.

Amount: $[________________________________] per month per child / $[________________________________] total per month
Due Date: On or before the [____] day of each month
Commencement: First payment due [__/__/____]
Payment Method:
☐ Wage assignment / income withholding order (FL-195) — mandatory under Cal. Fam. Code § 5230 unless waived by the Court
☐ Direct payment (if wage assignment is waived by stipulation)
☐ Payment through California State Disbursement Unit (SDU)

13.5 Mandatory Add-On Expenses (Cal. Fam. Code § 4062(a)). In addition to base child support, the Parties shall share the following mandatory add-on expenses:

(a) Childcare Costs: Reasonable childcare costs related to employment or reasonably necessary education or training for employment, divided [____]% Petitioner / [____]% Respondent (or pro rata based on net disposable income);

(b) Uninsured Health Care Costs: Reasonable uninsured health care costs for the Child(ren), including medical, dental, vision, orthodontic, mental health, and prescription costs, divided [____]% Petitioner / [____]% Respondent.

13.6 Discretionary Add-On Expenses (Cal. Fam. Code § 4062(b)). The Parties agree to share the following discretionary add-on expenses:

(a) Education Costs: ☐ Private school tuition ☐ Tutoring ☐ Special education needs
Split: [____]% Petitioner / [____]% Respondent

(b) Extracurricular Activities: ☐ Sports ☐ Music/arts lessons ☐ Camps ☐ Other
Split: [____]% Petitioner / [____]% Respondent

13.7 Reimbursement Process for Add-On Expenses. The Party incurring an add-on expense shall provide the other Party with documentation (receipts, bills, explanation of benefits) within [____] days of incurring the expense. The other Party shall reimburse their share within [____] days of receiving documentation.

13.8 Annual Income Exchange. Pursuant to Cal. Fam. Code § 4065(a), the Parties shall exchange the following financial information on or before April 15 of each year (or within 30 days of filing tax returns, whichever is later):

(a) Federal and state income tax returns (all pages and schedules) for the prior year;
(b) Year-end pay stubs or income statements;
(c) A completed Income and Expense Declaration (FL-150) upon written request.

13.9 Duration. Child support shall continue for each child until the earliest of:

(a) The child reaches age 18 and is not a full-time high school student;
(b) The child reaches age 19;
(c) The child marries, enters a registered domestic partnership, enters military service, becomes emancipated, or dies;
(d) Further order of Court.

13.10 Modification. The Parties acknowledge that child support is always modifiable by the Court upon a material change of circumstances, regardless of the terms of this Agreement.

SECTION 14: HEALTH INSURANCE AND MEDICAL EXPENSES

14.1 Health Insurance for Child(ren). [________________________________] shall maintain comprehensive health, dental, and vision insurance coverage for the minor Child(ren) through their employer-sponsored plan or an equivalent individual plan so long as available at reasonable cost.

(a) The cost of premiums attributable to the Child(ren) shall be:
☐ Borne solely by the insuring Party and factored into the guideline support calculation;
☐ Shared [____]% Petitioner / [____]% Respondent.

(b) Each Party shall maintain a copy of the insurance card(s) and provide the other Party with copies of the policy, ID cards, and information necessary to access benefits.

14.2 Health Insurance for Former Spouse (COBRA and Continued Coverage).

☐ [________________________________] is currently covered under [________________________________]'s employer-sponsored health plan. Upon entry of the Judgment:

(a) The covered Party may elect COBRA continuation coverage for up to thirty-six (36) months following the date the Judgment is entered (Cal. Health & Safety Code § 1373.621 for HMOs; 29 U.S.C. § 1161 et seq. for ERISA plans);

(b) The cost of COBRA premiums shall be:
☐ The sole responsibility of the covered Party;
☐ Paid by [________________________________] for a period of [____] months as additional spousal support;
☐ Shared [____]% / [____]%.

(c) The Party maintaining employer coverage shall provide timely notice to the plan administrator to trigger COBRA eligibility and shall not take any action to terminate the other Party's coverage before the COBRA election period expires.

☐ No COBRA or continued coverage provisions apply.

14.3 Uninsured Medical Expenses. See Section 13.5(b) for allocation of uninsured health care expenses for the Child(ren).

SECTION 15: LIFE INSURANCE REQUIREMENTS

15.1 Life Insurance to Secure Support Obligations. To secure the obligations for spousal support and/or child support, the Parties agree as follows:

15.1.1 Petitioner shall maintain a life insurance policy with the following minimum terms:

Face Amount: $[________________________________]
Beneficiary: ☐ [________________________________] (former spouse) ☐ Minor Child(ren) ☐ Trust for benefit of Child(ren)
Duration of Obligation: Until [________________________________]
Type: ☐ Term ☐ Whole Life ☐ Either

15.1.2 Respondent shall maintain a life insurance policy with the following minimum terms:

Face Amount: $[________________________________]
Beneficiary: ☐ [________________________________] (former spouse) ☐ Minor Child(ren) ☐ Trust for benefit of Child(ren)
Duration of Obligation: Until [________________________________]
Type: ☐ Term ☐ Whole Life ☐ Either

15.2 Proof of Coverage. Each Party shall provide the other with proof of insurance coverage (declarations page) within [____] days of the Effective Date and annually thereafter within thirty (30) days of the policy renewal date.

15.3 Prohibition on Changes. Neither Party shall cancel, reduce, borrow against, assign, or allow to lapse any life insurance policy required under this Section without the prior written consent of the other Party. If a policy lapses, the responsible Party shall obtain replacement coverage within thirty (30) days.

15.4 Decreasing Coverage. The Parties may agree in writing that life insurance amounts may decrease over time as support obligations diminish, provided that coverage at all times remains sufficient to cover the remaining support obligation.

SECTION 16: TAX PROVISIONS

16.1 Filing Status. For the tax year ending December 31, [____]:

☐ The Parties shall file a joint federal and state income tax return. Each Party shall cooperate in the timely preparation, review, and filing of the return. Any refund shall be divided: [____]% Petitioner / [____]% Respondent. Any tax liability (including penalties and interest) shall be divided: [____]% Petitioner / [____]% Respondent.

☐ Each Party shall file separately (Married Filing Separately or, if eligible, Head of Household). Each Party shall be solely responsible for their own tax liability.

16.2 Dependency Exemptions / Child Tax Credits. The Parties agree to allocate the right to claim the Child(ren) as dependents for federal and state income tax purposes as follows:

Child's Name	Tax Year(s) Claimed by Petitioner	Tax Year(s) Claimed by Respondent
[________________________________]	☐ Even years ☐ Odd years ☐ All years ☐ Specific: [________________________________]	☐ Even years ☐ Odd years ☐ All years ☐ Specific: [________________________________]
[________________________________]	☐ Even years ☐ Odd years ☐ All years ☐ Specific: [________________________________]	☐ Even years ☐ Odd years ☐ All years ☐ Specific: [________________________________]

16.3 Capital Gains and Tax Basis. The Parties acknowledge that property transferred pursuant to this Agreement may carry a carryover tax basis under IRC § 1041. The Party receiving a capital asset shall assume the transferring Party's adjusted tax basis, and any future capital gain or loss upon sale shall be the sole responsibility of the receiving Party.

16.4 Community Tax Liabilities and Refunds. The Parties shall equally share any remaining tax liabilities or refunds for all tax years during the marriage (from [____] through [____]) unless otherwise allocated in this Agreement. If an audit results in additional tax liability for any community tax year, the Parties shall share the liability equally unless the liability is attributable solely to one Party's income, deductions, or credits.

16.5 Innocent Spouse Relief. Nothing in this Agreement shall be construed to waive or limit either Party's right to seek innocent spouse relief under IRC § 6015 or Cal. Rev. & Tax. Code § 18533.

16.6 Tax Indemnification. Each Party shall indemnify and hold the other harmless from any tax liability, including penalties and interest, attributable to their own income, deductions, or credits from and after the Date of Separation.

SECTION 17: ATTORNEY FEES AND COSTS

17.1 Need-Based Attorney Fees (Family Code § 2030). Pursuant to Cal. Fam. Code §§ 2030-2032, the Court shall ensure that each Party has access to legal representation by ordering, if necessary, one Party to pay a reasonable amount for attorney fees and costs to the other Party based on the respective incomes and needs of the Parties. The Parties agree:

☐ Each Party shall bear their own attorney fees and costs incurred in connection with this dissolution proceeding.
☐ [________________________________] shall pay to [________________________________] the sum of $[________________________________] as a contribution toward attorney fees and costs, payable on or before [__/__/____].
☐ The issue of attorney fees is reserved for future determination by the Court.

17.2 Fees for Enforcement. In any action to enforce this Agreement, the prevailing Party shall be entitled to recover reasonable attorney fees and costs from the non-prevailing Party, in addition to any fees awardable under Cal. Fam. Code §§ 271, 2030, or other applicable statutes.

17.3 Sanctions. The Parties acknowledge that Cal. Fam. Code § 271 authorizes the Court to impose attorney fee sanctions against a Party who engages in conduct that frustrates the policy of the law to promote settlement and reduce litigation costs.

SECTION 18: NAME RESTORATION

18.1 Restoration of Former Name. Pursuant to Cal. Fam. Code §§ 2080-2082:

☐ [________________________________] requests that the Court restore their former name: [________________________________]. The Judgment shall include an order restoring this name.

☐ Neither Party requests restoration of a former name at this time. Each Party reserves the right to request name restoration by post-judgment application (FL-395).

SECTION 19: FIDUCIARY DUTY ACKNOWLEDGMENTS AND FULL DISCLOSURE

19.1 Fiduciary Duties. The Parties acknowledge that they owe each other the highest fiduciary duties of disclosure, good faith, and fair dealing with respect to the management and control of community assets and liabilities pursuant to Cal. Fam. Code §§ 1100-1101. These fiduciary duties continue until the community property is finally distributed.

19.2 Disclosure Obligations (Cal. Fam. Code §§ 2100-2113). Each Party represents and warrants:

(a) They have fully complied with the disclosure requirements of Cal. Fam. Code §§ 2100-2113;

(b) They have served a Preliminary Declaration of Disclosure (FL-140) with an Income and Expense Declaration (FL-150) and a Schedule of Assets and Debts (FL-142) or a Property Declaration (FL-160);

(c) They have served a Final Declaration of Disclosure (FL-140) with updated FL-150 and FL-142/FL-160, or both Parties have waived the Final Declaration of Disclosure pursuant to Cal. Fam. Code § 2105(d);

☐ Both Parties have completed Preliminary and Final Declarations of Disclosure.
☐ Both Parties have completed Preliminary Declarations of Disclosure and have executed a written waiver of the Final Declaration of Disclosure pursuant to Cal. Fam. Code § 2105(d).

19.3 Full and Accurate Disclosure. Each Party represents and warrants that they have fully, accurately, and honestly disclosed all assets, debts, income, and expenses, and have provided access to all records and information relating to the characterization and valuation of community, quasi-community, and separate property.

19.4 Consequences of Nondisclosure. The Parties understand that pursuant to Cal. Fam. Code § 2107(d), if a Party fails to comply with disclosure requirements, the Court may impose remedies including but not limited to:

(a) Setting aside the Agreement in whole or in part;
(b) Awarding the non-disclosing Party's share of undisclosed assets to the other Party;
(c) Awarding attorney fees, accounting fees, and costs;
(d) Imposing sanctions under Cal. Fam. Code § 271.

19.5 Breach of Fiduciary Duty Remedies. Pursuant to Cal. Fam. Code § 1101(h), the remedies for breach of fiduciary duty include an award to the other Party of fifty percent (50%) of any asset undisclosed or transferred in breach of the fiduciary duty, plus attorney fees and court costs.

SECTION 20: DISPUTE RESOLUTION

20.1 Good-Faith Negotiation. The Parties shall first attempt to resolve any dispute arising under this Agreement through direct, good-faith negotiation between themselves or through their respective counsel.

20.2 Mediation. If direct negotiation does not resolve the dispute within fifteen (15) days, the dispute shall be submitted to confidential mediation with a qualified family law mediator before either Party may file a motion with the Court (except as provided in Section 20.5). The Parties agree:

(a) The mediator shall be mutually selected or, if the Parties cannot agree, appointed by the Court;
(b) Mediation costs shall be shared equally unless the Parties agree or the Court orders otherwise;
(c) Mediation shall take place in [________________________________] County, California;
(d) Each Party shall attend mediation in person or by remote appearance as agreed.

20.3 Mandatory Child Custody Mediation. For any disputes regarding child custody or visitation, the Parties shall participate in mandatory mediation through Family Court Services (or a private mediator) pursuant to Cal. Fam. Code § 3170 before a hearing may be set.

20.4 Court Jurisdiction. The Superior Court of California, County of [________________________________], retains exclusive jurisdiction over all matters arising under this Agreement and the Judgment of Dissolution. All matters not resolved through mediation shall be submitted to the Court for determination.

20.5 Emergency Relief. Nothing in this Section shall prevent either Party from seeking emergency relief from the Court, including but not limited to:

(a) Domestic Violence Restraining Orders (DVRO) under the Domestic Violence Prevention Act (Cal. Fam. Code § 6200 et seq.);
(b) Temporary emergency custody orders;
(c) Orders to prevent dissipation of assets;
(d) Any other emergency relief authorized by law.

SECTION 21: COVENANTS AND AGREEMENTS

21.1 Cooperation. Each Party shall cooperate in good faith to execute all documents, take all actions, and provide all information reasonably necessary to carry out the terms and purposes of this Agreement, including the execution of deeds, QDROs, account transfer forms, beneficiary designations, and any other instruments required to effectuate the division of property.

21.2 Mutual Release. Except as otherwise provided in this Agreement, each Party releases and forever discharges the other Party from any and all claims, demands, obligations, or causes of action of any kind or nature, whether known or unknown, that arise from or relate to the marital relationship between the Parties.

21.3 California Civil Code § 1542 Waiver. Each Party acknowledges that they have read and understand the provisions of California Civil Code § 1542, which states:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Each Party expressly waives and relinquishes the rights and benefits afforded by Section 1542 with respect to the claims released in Section 21.2, except as to claims arising from a breach of fiduciary duty under Cal. Fam. Code §§ 1100-1101.

21.4 Non-Disparagement. Neither Party shall make derogatory, disparaging, or negative remarks about the other Party in the presence or hearing of the minor Child(ren) or on social media or other public platforms.

21.5 Confidentiality. Except as required by law, court order, or for purposes of tax preparation or financial planning, the Parties shall keep the financial terms of this Agreement confidential.

21.6 Notice of Significant Events. Each Party shall provide written notice to the other Party within ten (10) days of:

(a) Any change of residential address, mailing address, telephone number, or email address;
(b) Any change of employment or material change in income;
(c) Commencement of cohabitation in a marital-like relationship (relevant to spousal support modification under Cal. Fam. Code § 4323);
(d) Any material change in health or health insurance affecting the Child(ren);
(e) Any arrest, criminal charge, or conviction;
(f) Any intent to relocate with the Child(ren) (see Section 12.5).

21.7 No Further Accumulation of Community Property. From and after the Date of Separation, all earnings, income, and property acquired by either Party are the separate property of the acquiring Party pursuant to Cal. Fam. Code § 771.

SECTION 22: DEFAULT AND ENFORCEMENT

22.1 Events of Default. The following constitute an Event of Default under this Agreement:

(a) Failure to make any support payment when due;
(b) Failure to transfer property as required;
(c) Failure to maintain required insurance coverage;
(d) Failure to comply with any material term of this Agreement;
(e) Material breach of any representation or warranty.

22.2 Notice and Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have:

(a) Ten (10) business days to cure a monetary default;
(b) Thirty (30) calendar days to cure a non-monetary default (or such longer period as may be reasonably necessary if the default cannot be cured within thirty days, provided the defaulting Party commences cure and diligently pursues it).

22.3 Enforcement Remedies. In addition to any other remedies available at law or in equity, the non-defaulting Party may seek:

(a) Specific performance of the Agreement;
(b) Wage garnishment or income withholding orders;
(c) Contempt proceedings pursuant to Cal. Code Civ. Proc. § 1218;
(d) Attorney fees and costs under Cal. Fam. Code §§ 271, 2030, or as provided in Section 17.2;
(e) Modification of support orders;
(f) Recording of a lien against the defaulting Party's real property;
(g) Such other relief as may be appropriate.

SECTION 23: GENERAL PROVISIONS

23.1 Amendment and Waiver. This Agreement may only be amended or modified by a written instrument signed by both Parties and, to the extent the Agreement has been incorporated into a Court order, approved by the Court. No waiver of any provision shall constitute a waiver of any other provision or of the same provision on another occasion.

23.2 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be reformed to the minimum extent necessary to make it enforceable while preserving the Parties' original intent.

23.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles.

23.4 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties, their respective heirs, personal representatives, executors, administrators, and permitted assigns. No Party may assign rights or delegate obligations under this Agreement without the prior written consent of the other Party, except to a trustee, estate representative, or as required by law.

23.5 Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by certified mail, return receipt requested, to the addresses set forth in Section 1.1; or (c) sent by email to [________________________________] (Petitioner) / [________________________________] (Respondent), with confirmation of receipt. Either Party may change their notice address by written notice to the other Party.

23.6 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic signatures shall be as valid and binding as original ink signatures, to the extent permitted by California law (Cal. Civ. Code § 1633.1 et seq.).

23.7 Headings. Section headings are for convenience of reference only and shall not affect the interpretation or construction of this Agreement.

23.8 Construction. This Agreement shall not be construed more strictly against either Party regardless of which Party drafted any particular provision. Each Party has had an opportunity to review the Agreement with independent counsel.

23.9 Time of the Essence. Time is of the essence with respect to all dates and deadlines specified in this Agreement.

23.10 Attorneys' Fees for Enforcement. See Section 17.2.

23.11 Survival of Certain Provisions. The representations, warranties, indemnification obligations, and any other provisions that by their nature should survive, shall survive the execution of this Agreement and the entry of the Judgment.

SECTION 24: INTEGRATION, MERGER, AND INCORPORATION INTO JUDGMENT

24.1 Entire Agreement. This Agreement, together with all Schedules and Exhibits attached hereto, constitutes the entire understanding and agreement between the Parties concerning the subject matter hereof and supersedes all prior negotiations, discussions, representations, and agreements, whether oral or written.

24.2 Incorporation into Judgment. The Parties request that this Agreement be incorporated into and made a part of the Judgment of Dissolution of Marriage entered by the Court. Upon incorporation, the terms of this Agreement shall be enforceable both as contractual obligations and as Court orders.

24.3 Survival as Independent Contract. Notwithstanding incorporation into the Judgment, this Agreement shall survive the Judgment as an independent contract between the Parties. If the Judgment is vacated, modified, or set aside for any reason, this Agreement shall remain in full force and effect as a binding contract, to the maximum extent permitted by law.

24.4 Binding Effect. This Agreement is voluntarily executed by each Party with full knowledge of its contents and legal effect, after having had the opportunity to consult with independent legal counsel. Each Party represents that they have read the Agreement in its entirety, understand its terms, and agree to be bound thereby.

SECTION 25: EXECUTION AND NOTARIZATION

IN WITNESS WHEREOF, the Parties have executed this Marital Settlement Agreement as of the dates written below, having read, understood, and agreed to all terms contained herein.

PETITIONER

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

RESPONDENT

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

ATTORNEY CERTIFICATION (If Represented)

Attorney for Petitioner:

I, [________________________________], Attorney at Law (State Bar No. [________________________________]), certify that I have reviewed this Agreement with my client, that my client understands its terms and has executed it voluntarily, and that the Agreement is consistent with applicable California law.

Signature: _________________________________
Date: [__/__/____]

Attorney for Respondent:

Signature: _________________________________
Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

STATE OF CALIFORNIA
COUNTY OF [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public in and for said County and State, personally appeared [________________________________], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary: _________________________________
(Seal)
My Commission Expires: [__/__/____]

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary: _________________________________
(Seal)
My Commission Expires: [__/__/____]

SECTION 26: SCHEDULES AND EXHIBITS

The following Schedules and Exhibits are attached hereto and incorporated by reference:

Schedule/Exhibit	Description	Attached
Schedule A	Community Property — Real Property (Legal Descriptions, Values, Encumbrances)	☐ Yes ☐ To Follow
Schedule A-1	Community Property — Financial Accounts and Securities	☐ Yes ☐ To Follow
Schedule A-2	Community Property — Retirement and Pension Benefits	☐ Yes ☐ To Follow
Schedule B	Separate Property Lists (Petitioner and Respondent)	☐ Yes ☐ To Follow
Schedule C	Tangible Personal Property Allocation	☐ Yes ☐ To Follow
Schedule C-1	Intellectual Property and Royalty Interests	☐ Yes ☐ To Follow
Schedule D	Parenting Plan (Custody and Visitation Schedule)	☐ Yes ☐ To Follow
Schedule D-1	Holiday and Vacation Schedule	☐ Yes ☐ To Follow
Schedule E	Community and Separate Debt Allocation	☐ Yes ☐ To Follow
Exhibit 1	Guideline Child Support Calculation Printout	☐ Yes ☐ To Follow
Exhibit 2	Real Property Appraisal(s)	☐ Yes ☐ To Follow
Exhibit 3	Business Valuation Report	☐ Yes ☐ To Follow
Exhibit 4	QDRO/DRO Draft(s)	☐ Yes ☐ To Follow
Exhibit 5	Declarations of Disclosure (FL-140/FL-141/FL-142)	☐ Yes ☐ To Follow

SOURCES AND REFERENCES

California Family Code Provisions

California Revenue and Taxation Code

Federal Law

Key California Case Law

In re Marriage of Brown (1976) 15 Cal.3d 838 (division of pension benefits)
In re Marriage of Epstein (1979) 24 Cal.3d 76 (reimbursement for post-separation payment of community debts)
In re Marriage of Watts (1985) 171 Cal.App.3d 366 (charges for exclusive use of community property)
In re Marriage of Gavron (1988) 203 Cal.App.3d 705 (self-sufficiency warning for supported spouse)
In re Marriage of LaMusga (2004) 32 Cal.4th 1072 (relocation / move-away factors)
In re Marriage of Davis (2015) 61 Cal.4th 846 (date of separation standard, superseded by statute)
In re Marriage of Hug (1984) 154 Cal.App.3d 780 (time rule for stock options)

Judicial Council Forms Referenced

FL-140 — Declaration of Disclosure
FL-141 — Declaration Regarding Service of Declaration of Disclosure
FL-142 — Schedule of Assets and Debts
FL-150 — Income and Expense Declaration
FL-160 — Property Declaration
FL-195 — Income Withholding for Support
FL-341(E) — Child Custody and Visitation (Parenting Plan) Stipulation
FL-395 — Ex Parte Application for Restoration of Former Name

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice.

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Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.

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Last updated: April 2026

California Marital Settlement Agreement (Divorce Settlement Agreement)

MARITAL SETTLEMENT AGREEMENT

TABLE OF CONTENTS

SECTION 1: RECITALS AND BACKGROUND

SECTION 2: DEFINITIONS

SECTION 3: COMMUNITY PROPERTY DIVISION

SECTION 4: REAL PROPERTY

4.1 Family Residence

4.2 Proposition 19 Property Tax Advisory

4.3 Other Real Property

SECTION 5: PERSONAL PROPERTY DIVISION

SECTION 6: RETIREMENT ACCOUNTS AND PENSION BENEFITS

SECTION 7: BUSINESS INTERESTS AND VALUATION

SECTION 8: DEBTS AND OBLIGATIONS

SECTION 9: EPSTEIN CREDITS AND WATTS CHARGES

SECTION 10: REIMBURSEMENT CLAIMS

SECTION 11: SPOUSAL SUPPORT

SECTION 12: CHILD CUSTODY AND VISITATION

SECTION 13: CHILD SUPPORT

SECTION 14: HEALTH INSURANCE AND MEDICAL EXPENSES

SECTION 15: LIFE INSURANCE REQUIREMENTS

SECTION 16: TAX PROVISIONS

SECTION 17: ATTORNEY FEES AND COSTS

SECTION 18: NAME RESTORATION

SECTION 19: FIDUCIARY DUTY ACKNOWLEDGMENTS AND FULL DISCLOSURE

SECTION 20: DISPUTE RESOLUTION

SECTION 21: COVENANTS AND AGREEMENTS

SECTION 22: DEFAULT AND ENFORCEMENT

SECTION 23: GENERAL PROVISIONS

SECTION 24: INTEGRATION, MERGER, AND INCORPORATION INTO JUDGMENT

SECTION 25: EXECUTION AND NOTARIZATION

PETITIONER

RESPONDENT

ATTORNEY CERTIFICATION (If Represented)

NOTARY ACKNOWLEDGMENT

SECTION 26: SCHEDULES AND EXHIBITS

SOURCES AND REFERENCES

California Family Code Provisions

California Revenue and Taxation Code

Federal Law

Key California Case Law

Judicial Council Forms Referenced

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DIVISION OF PROPERTY

SPOUSAL SUPPORT

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