MARITAL SETTLEMENT AGREEMENT

(State of Idaho)

[// GUIDANCE: Replace all bracketed placeholders before execution. Obtain independent legal, tax, and financial advice. Ensure compliance with local court rules, any standing family-court orders, and Idaho’s mandatory disclosures.]

TABLE OF CONTENTS

I. Document Header……………………………………………………………………………… 2
II. Definitions………………………………………………………………………………………… 3
III. Operative Provisions…………………………………………………………………………… 6
    A. Property Division………………………………………………………………………… 6
    B. Debt Allocation…………………………………………………………………………… 8
    C. Spousal Maintenance…………………………………………………………………… 9
    D. Parenting Plan & Custody…………………………………………………………… 10
    E. Child Support……………………………………………………………………………… 12
    F. Insurance & Benefits…………………………………………………………………… 14
    G. Taxes………………………………………………………………………………………… 15
IV. Representations & Warranties…………………………………………………………… 16
V. Covenants & Restrictions…………………………………………………………………… 17
VI. Default & Remedies…………………………………………………………………………… 18
VII. Risk Allocation………………………………………………………………………………… 19
VIII. Dispute Resolution…………………………………………………………………………… 21
IX. General Provisions…………………………………………………………………………… 22
X. Execution Block………………………………………………………………………………… 24

I. DOCUMENT HEADER

1. Parties; Effective Date; Jurisdiction

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

• [FULL LEGAL NAME OF SPOUSE 1], date of birth [DOB], currently residing at [ADDRESS] (“Spouse 1”); and
• [FULL LEGAL NAME OF SPOUSE 2], date of birth [DOB], currently residing at [ADDRESS] (“Spouse 2,” and together with Spouse 1, the “Parties,” and each, individually, a “Party”).

1.2 The Parties were married on [DATE OF MARRIAGE] in [CITY, STATE] and separated on [DATE OF SEPARATION]. No reconciliation is anticipated.

1.3 The Parties desire to resolve finally all issues arising out of their marriage and impending dissolution pursuant to the laws of the State of Idaho.

1.4 Governing Law. This Agreement shall be governed by and construed in accordance with Idaho substantive family law.

1.5 Forum Selection. Exclusive jurisdiction and venue for enforcement or modification of this Agreement shall lie in the District Court of [COUNTY] County, Idaho – Family Law Division (the “Family Court”).

II. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below (definitions apply equally to singular and plural forms):

“Agreement” means this Marital Settlement Agreement, including all Schedules and any written amendments executed pursuant to Section 9.2.

“Arbitrable Issue” means any post-dissolution economic dispute expressly designated as subject to arbitration under Section 8.3, excluding all issues relating to child custody, parenting time, or child support, which remain within the exclusive jurisdiction of the Family Court.

“Child” or “Minor Child” means any minor born to or adopted by the Parties before the Effective Date, specifically: [NAME(S) & DATE(S) OF BIRTH].

“Child Support” means the periodic monetary obligation calculated consistently with the Idaho Child Support Guidelines in effect at the time the obligation is set or modified.

“Community Property” means any property, whether real or personal, tangible or intangible, acquired by either Party during the marriage that is not the Separate Property of either Party, consistent with Idaho’s community-property regime.

“Debt” means any indebtedness, liability, or obligation for money, whether secured or unsecured, contingent or fixed.

“Parenting Plan” means the detailed parenting-time schedule, decision-making allocation, holiday rotation, and related provisions set forth in Schedule B.

“Separate Property” means property described in Section 3.2 that is confirmed to the owning Party as that Party’s sole and separate estate.

“Support Transfer Date” means the first day of the month following entry of the Decree of Dissolution, unless otherwise stated.

[// GUIDANCE: Add additional defined terms (e.g., “Retirement Assets,” “Business Interests”) as needed for the marital estate.]

III. OPERATIVE PROVISIONS

A. Property Division

3.1 Equal Division Intent. Idaho is a community-property state; accordingly, the Parties intend an approximately equal (50/50) division of the net value of their Community Property, after accounting for the allocation of Debts.

3.2 Confirmation of Separate Property. The property listed on Schedule A-1 is hereby confirmed as Separate Property of the listed owner, free and clear of any claim of the other Party.

3.3 Division of Community Property. Community Property shall be divided as follows:

a. Real Property. The marital residence located at [ADDRESS] shall be:
  i. Sold on or before [DATE], with net sale proceeds divided equally; or
  ii. Awarded to [SPOUSE], who shall refinance within [X] days to remove the other Party from all mortgages and shall pay an equalization payment of [$ AMOUNT].

b. Vehicles. Each Party shall receive the vehicles listed opposite his or her name on Schedule A-2 and shall promptly transfer title.

c. Retirement & Investment Accounts. Accounts shall be divided by Qualified Domestic Relations Order (“QDRO”) or equivalent instrument as set forth in Schedule A-3. Each Party shall bear his or her own QDRO administration fees.

d. Personal Property. Tangible personal property shall be divided pursuant to the inventory and selection process in Schedule A-4.

e. Business Interests. Interests in [NAME OF ENTITY] shall be allocated as described in Schedule A-5, with any necessary buy-out payments due within [X] days of the Effective Date.

3.4 Omitted Assets. Any Community Property inadvertently omitted shall be divided equally, or failing agreement, by the Family Court.

3.5 Transfer Instruments. Each Party shall execute any deeds, bills of sale, assignments, or other instruments reasonably necessary to carry out this Article III within 30 days of request.

[// GUIDANCE: Insert specific detail for unique assets such as stock options, RSUs, cryptocurrency, or intellectual-property royalties.]

B. Debt Allocation

4.1 Community Debts. The Debts listed on Schedule A-6 shall be satisfied or assumed as indicated therein, such that each Party is ultimately responsible for fifty percent (50 %) of the net Community Debt.

4.2 Separate Debts. Debts incurred in the sole name and for the sole benefit of a Party before marriage or after separation shall remain that Party’s separate obligation.

4.3 Indemnity for Debts. Each Party shall indemnify and hold harmless the other from any Debt assigned to, or assumed by, the indemnifying Party. See Section 7.1.

C. Spousal Maintenance (“Alimony”)

5.1 Waiver or Award. ☐ Waived in its entirety; OR ☐ Awarded as follows:

a. Amount. Spouse ☐1 ☐2 shall pay maintenance of [$ AMOUNT] per month.
b. Duration. Payments shall commence on the Support Transfer Date and continue for [NUMBER] months/years.
c. Modifiability. ☐ Non-modifiable as to amount and duration; OR ☐ Modifiable upon substantial and material change in circumstances.
d. Termination Triggers. Maintenance shall terminate upon the earliest of: (i) expiration of the term; (ii) death of either Party; (iii) recipient’s remarriage; or (iv) recipient’s cohabitation in a marriage-like relationship for a continuous period exceeding [X] months.

D. Parenting Plan & Custody

6.1 Best Interests Standard. All custody determinations shall promote the Minor Children’s best interests in accordance with Idaho law.

6.2 Legal Custody. ☐ Joint legal custody to both Parties; OR ☐ Sole legal custody to [SPOUSE].

6.3 Physical Custody / Parenting Time. Parenting time shall follow the Parenting Plan in Schedule B, which is incorporated herein by reference.

6.4 Relocation Notice. A relocating parent shall provide at least [30/60/90] days’ written notice pursuant to Idaho relocation statute and Section 5.4 of Schedule B.

6.5 Decision-Making & Dispute Resolution. Day-to-day decisions rest with the parenting-time holder; major decisions (education, non-emergency health care, religious upbringing) require joint agreement or Family-Court intervention.

6.6 Non-Disparagement & Privacy. Each Party shall refrain from disparaging the other in the presence of the Minor Children and shall protect the children’s privacy on social media.

E. Child Support

7.1 Guideline Support. Child Support shall be calculated under the Idaho Child Support Guidelines based on the Parties’ respective adjusted gross incomes:

• Spouse 1: [$ AMOUNT] monthly income
• Spouse 2: [$ AMOUNT] monthly income

7.2 Amount & Commencement. Commencing on the Support Transfer Date, [OBLIGOR] shall pay [$ AMOUNT] per month, due on the [DAY] of each month, via Idaho Child Support Receipting Services (Income Withholding Order to issue).

7.3 Medical Support. Health, dental, and vision insurance for the Minor Children shall be maintained by [SPOUSE], with uninsured costs allocated [PERCENTAGE SPLIT].

7.4 Variable & Extraordinary Expenses. Work-related childcare, extracurricular activities, and agreed-upon extraordinary expenses shall be shared [PERCENTAGE SPLIT], payable within [X] days of receipt of documentation.

7.5 Review & Modification. Either Party may seek modification per Idaho law upon a material change in circumstances or not less than [24/36] months after the last order.

F. Insurance & Benefits

8.1 Life Insurance. Each Party shall maintain life-insurance coverage of not less than [$ AMOUNT], naming the Minor Children (or a trust for their benefit) as irrevocable beneficiaries for so long as Child Support is due.

8.2 Health Insurance for Former Spouse. ☐ Coverage continued under COBRA or state equivalent at recipient’s sole cost; OR ☐ No continuing obligation.

G. Taxes

9.1 Filing Status for Year of Dissolution. ☐ Married filing jointly; OR ☐ Married filing separately; OR ☐ As advised by a tax professional. Both Parties shall cooperate in signing necessary returns.

9.2 Dependency Exemptions & Credits. The Parties shall allocate the federal and state income-tax exemptions and child-related credits as follows: [ALLOCATION]. The higher-earning Party shall execute IRS Form 8332 annually if required.

9.3 Indemnity. Each Party shall indemnify the other against additional taxes, penalties, or interest attributable to that Party’s misstatement or omission.

IV. REPRESENTATIONS & WARRANTIES

10.1 Full Disclosure. Each Party represents that he or she has made a full and fair disclosure of all assets, liabilities, and income, and that no material information has been withheld.

10.2 Capacity; Counsel. Each Party is of legal age, of sound mind, and entering into this Agreement voluntarily, having had the opportunity to consult independent legal counsel.

10.3 Title. Each Party warrants that he or she has good and marketable title to the property conveyed to the other Party hereunder, free of undisclosed liens or claims.

10.4 Survival. These representations and warranties shall survive the execution and performance of this Agreement.

V. COVENANTS & RESTRICTIONS

11.1 Further Assurances. Each Party shall execute and deliver such additional instruments and take such further actions as may be reasonably required to carry out the intent of this Agreement.

11.2 Confidentiality. Except as required by law, court order, or to obtain professional advice, neither Party shall disclose the terms of this Agreement to third parties.

11.3 No Harassment or Restraining Orders. The Parties shall refrain from any form of harassment, domestic violence, or intimidation. Nothing herein limits the Family Court’s power to issue restraining orders.

11.4 Name Change. Spouse ☐1 ☐2 may resume the prior surname of [SURNAME] upon entry of the Final Decree.

VI. DEFAULT & REMEDIES

12.1 Events of Default. A Party is in default if he or she:
a. Fails to make any payment when due;
b. Fails to transfer property or execute instruments as required; or
c. Violates custody or parenting-time provisions.

12.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party shall have [10] days (monetary default) or [30] days (non-monetary default) to cure.

12.3 Remedies. If uncured, the non-defaulting Party may seek:
• Enforcement by contempt in the Family Court;
• Specific performance or replevin;
• Monetary judgment with interest at [X]% per annum;
• Attorney fees and costs per Section 12.4.

12.4 Attorney Fees. The prevailing Party in any action to enforce or interpret this Agreement shall be entitled to reasonable attorney fees and costs.

VII. RISK ALLOCATION

13.1 Mutual Indemnification. Each Party (an “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party from any loss, cost, liability, or expense (including reasonable attorney fees) arising out of (a) the Indemnifying Party’s breach of this Agreement; or (b) any Debt, tax, or obligation allocated to or incurred by the Indemnifying Party.

13.2 Limitation of Liability. Except as to Child Support, custody obligations, or intentional misconduct, each Party’s aggregate liability under this Agreement shall not exceed that Party’s share of the marital estate as divided herein (“Liability Cap”).

13.3 Insurance. Each Party shall maintain reasonable casualty, liability, and vehicle insurance on property received.

13.4 Force Majeure. Non-performance (other than payment obligations) shall be excused to the extent caused by events beyond the reasonable control of the impacted Party, including acts of God, governmental action, or pandemics, provided that the impacted Party gives prompt notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

14.1 Mediation Pre-Condition. Except for emergencies, the Parties shall attempt to resolve disputes through good-faith mediation with a mutually selected mediator before resorting to litigation.

14.2 Family Court Jurisdiction. The Family Court retains exclusive jurisdiction over all matters relating to divorce, custody, and support.

14.3 Arbitration (Limited). Arbitrable Issues, if any, shall be resolved by binding arbitration under the Idaho Uniform Arbitration Act, before a single arbitrator in [COUNTY] County, Idaho. The arbitrator shall apply Idaho law and may award attorney fees and costs but shall have no authority to alter Child Support, custody, or parenting-time provisions.

14.4 Injunctive Relief. A Party may seek temporary or permanent injunctive relief, including restraining orders, from the Family Court without first mediating or arbitrating.

14.5 No Jury Trial. The Parties acknowledge that, under Idaho practice, family-law matters are tried to the court without a jury.

IX. GENERAL PROVISIONS

15.1 Entire Agreement; Merger. This Agreement constitutes the entire understanding between the Parties and supersedes all prior oral or written agreements.

15.2 Amendment & Waiver. No amendment or waiver shall be effective unless in writing, signed by both Parties, and approved by the Family Court if required.

15.3 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted.

15.4 Assignment. Personal rights and obligations under this Agreement are non-assignable except by express written consent of the other Party.

15.5 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, and permitted assigns.

15.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and may be executed by electronic signature with the same force as an original.

X. EXECUTION BLOCK

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

[// GUIDANCE: Add notary block(s) if required by local rule or to facilitate recording/conveyancing of real property.]

NOTARY ACKNOWLEDGMENT (Optional but Recommended)

State of Idaho
County of [__]

On this _ day of _, 20__, before me, the undersigned, a Notary Public in and for said State, personally appeared [SPOUSE 1] and [SPOUSE 2], personally known to me (or proved to me on the basis of satisfactory evidence) to be the individuals whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF I hereunto set my hand and official seal.

Notary Public for Idaho
My Commission Expires: ____

SCHEDULES (attach as applicable)

Schedule A-1 Separate Property Schedule
Schedule A-2 Vehicle Allocation Schedule
Schedule A-3 Retirement & Investment Division Schedule
Schedule A-4 Personal Property Inventory & Selection Procedure
Schedule A-5 Business Interests & Buy-Out Terms
Schedule A-6 Community Debt Allocation
Schedule B Parenting Plan (Custody & Parenting-Time Details)

[// GUIDANCE: Label additional schedules sequentially. Ensure page numbering and cross-references remain accurate after edits.]