MARITAL DISSOLUTION AND SETTLEMENT AGREEMENT

(Indiana)

[// GUIDANCE: This template is drafted for use in the State of Indiana (“IN”). All bracketed items MUST be customized for the facts of the case before execution. Confirm compliance with the most current Indiana Code Title 31, Indiana Child Support Guidelines, and local county domestic-relations rules.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Separation & Status of Marriage
   3.2 Property Division
   3.3 Debt Allocation
   3.4 Spousal Maintenance
   3.5 Child-Related Matters
   3.5.1 Legal & Physical Custody
   3.5.2 Parenting Time Schedule
   3.5.3 Child Support & Related Expenses
   3.6 Taxes
   3.7 Insurance & Benefits
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title and Parties

This Marital Dissolution and Settlement Agreement (the “Agreement”) is entered into by and between [PARTY A FULL LEGAL NAME] (“[Party A Short Name]” or “Wife/Husband/Spouse A”) and [PARTY B FULL LEGAL NAME] (“[Party B Short Name]” or “Husband/Wife/Spouse B”) (individually, a “Party” and collectively, the “Parties”).

1.2 Recitals

A. The Parties were married on [DATE] in [CITY, STATE] and have since accumulated certain assets and liabilities.
B. Irreconcilable differences have arisen between the Parties, and each desires to resolve all rights, duties, and obligations arising from the marriage.
C. The Parties intend that this Agreement be incorporated into, but survive and remain independently enforceable after, any Decree of Dissolution of Marriage (the “Decree”) entered by the [INSERT COUNTY] Superior Court, Domestic Relations Division, State of Indiana (the “Court”).

1.3 Consideration

The mutual covenants herein constitute good and sufficient consideration.

1.4 Effective Date & Jurisdiction

This Agreement shall become effective on [EFFECTIVE DATE] (the “Effective Date”) upon execution by both Parties and Court approval pursuant to Ind. Code § 31-15-2-17.

2. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below. Undefined capitalized terms have the meanings ascribed to them in context.

“Applicable Law” – The Indiana Code Title 31 (Family Law), Indiana Child Support Guidelines (“ICSG”), local court rules, and any federal law governing the subject matter.
“Child(ren)” – The minor child(ren) of the Parties: [NAME, DOB], [NAME, DOB], collectively referred to herein as the “Child(ren).”
“Court” – The Indiana state court identified in Section 1.2.
“Decree” – The final judgment of dissolution incorporating this Agreement.
“Marital Estate” – The aggregate of all assets and liabilities subject to disposition under Ind. Code § 31-15-7.
“Parenting Time Guidelines” – The Indiana Parenting Time Guidelines (“IPTG”) as amended.
“Separate Property” – Property excluded from the Marital Estate by agreement or law.
[ADD/REMOVE DEFINITIONS AS NECESSARY.]

3. OPERATIVE PROVISIONS

3.1 Separation & Status of Marriage

3.1.1 The Parties have lived separate and apart since [SEPARATION DATE].
3.1.2 Each Party affirms that the marriage is irretrievably broken and requests dissolution pursuant to Ind. Code § 31-15-2-3.

3.2 Property Division

[// GUIDANCE: Indiana presumes an equal 50/50 split (Ind. Code § 31-15-7-5). Deviation factors must be articulated if parties agree to other than equal.]
3.2.1 Equitable Distribution. The Parties agree that the Marital Estate shall be divided as set forth in Exhibit A (Property Schedule).
3.2.2 Transfer Mechanics. Each Party shall execute all documents necessary to convey title within [30] days after the Effective Date.
3.2.3 Retirement Assets. Any division of qualified plans shall be effected by a Qualified Domestic Relations Order (“QDRO”) prepared at [PARTY RESPONSIBLE]’s expense.
3.2.4 Waiver of Future Claims. Except as expressly provided, each Party waives all present and future rights in the other’s Separate Property.

3.3 Debt Allocation

3.3.1 Allocation. Debts are allocated as detailed in Exhibit B (Debt Schedule).
3.3.2 Indemnification. See Section 7.1 for mutual indemnity respecting allocated debts.

3.4 Spousal Maintenance

[// GUIDANCE: Indiana only permits limited spousal maintenance (rehabilitative, incapacity, or caregiver) under Ind. Code § 31-15-7-2.]
3.4.1 Obligation. [PAYOR] shall pay rehabilitative maintenance of $[AMOUNT] per month for [DURATION] months, commencing the first day of the month following Court approval.
3.4.2 Termination. Maintenance terminates upon the earliest of (a) expiration of the term, (b) death of either Party, or (c) remarriage of the recipient.

3.5 Child-Related Matters

3.5.1 Legal & Physical Custody

3.5.1.1 Joint/ Sole Custody. The Parties agree that [JOINT / SOLE to Party] legal custody and [JOINT / PRIMARY to Party] physical custody best serve the Child(ren)’s interests, considering Ind. Code § 31-17-2-8 factors.
3.5.1.2 Best Interests Standard. The Parties acknowledge continuing judicial authority to modify custody upon a statutory showing of substantial change and best interests.

3.5.2 Parenting Time Schedule

3.5.2.1 Baseline Schedule. Parenting time shall follow the IPTG unless otherwise set forth in Exhibit C (Parenting Plan).
3.5.2.2 Holiday/Special Days. Holiday allocations are enumerated in Exhibit C.

3.5.3 Child Support & Related Expenses

3.5.3.1 Support Calculation. Child support shall be paid by [PAYOR] to [RECIPIENT] in the amount of $[AMOUNT] per week, per the attached Child Support Obligation Worksheet (CSOW) prepared under ICSG.
3.5.3.2 COLA Adjustment. Support is subject to statutory Cost-of-Living Adjustments per Ind. Code § 31-16-15-2.
3.5.3.3 Health Insurance. [PARTY] shall maintain health insurance for the Child(ren). Uninsured expenses are shared [PERCENTAGE SPLIT].
3.5.3.4 Post-Secondary Education. The Parties agree to share qualified educational expenses as provided in Exhibit D (College Expense Addendum).

3.6 Taxes

3.6.1 Filing Status. The Parties shall file [JOINT/SEPARATE] returns for tax year [YEAR].
3.6.2 Exemptions. Dependency exemptions shall alternate annually, beginning with [PARTY] for tax year [YEAR], subject to IRS rules.
3.6.3 Indirect Tax Liabilities. Each Party indemnifies the other against tax liabilities arising from their post-Effective Date income.

3.7 Insurance & Benefits

3.7.1 Life Insurance. Each Party shall maintain life insurance in the face amount of $[AMOUNT], naming the Child(ren) as irrevocable beneficiaries until emancipation.
3.7.2 COBRA / Employer Benefits. [PARTY] may elect COBRA continuation at sole expense.

4. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents that all material assets, liabilities, and income have been disclosed.
4.2 Understanding & Voluntariness. Each Party has (a) had independent legal counsel or knowingly waived same; (b) read and understands the Agreement; and (c) executes it voluntarily without duress.
4.3 Survival. The representations and warranties survive the Decree and may be enforced notwithstanding merger.

5. COVENANTS & RESTRICTIONS

5.1 Mutual Non-Disparagement. Neither Party shall disparage the other in the presence of the Child(ren).
5.2 Confidentiality. Except as required by law or Court order, the terms of this Agreement are confidential.
5.3 Change of Name. [PARTY] may resume the prior surname [SURNAME] upon Decree entry.
5.4 Future Cooperation. Each Party shall execute further instruments necessary to effectuate this Agreement.
5.5 Relocation Notice. Any intended relocation shall comply with Ind. Code § 31-17-2.2-3 notice requirements.

6. DEFAULT & REMEDIES

6.1 Events of Default. Failure to perform any material obligation herein after written notice and [10] day cure period constitutes default.
6.2 Remedies. Upon default, the non-defaulting Party may (a) seek contempt, (b) obtain judgment for sums due plus 8% per annum statutory interest, (c) request attorney’s fees, and (d) any other relief under Applicable Law.
6.3 Attorneys’ Fees. The prevailing Party in enforcement proceedings is entitled to reasonable fees and costs.

7. RISK ALLOCATION

7.1 Mutual Indemnity

Each Party (the “Indemnifying Party”) indemnifies, defends, and holds harmless the other (the “Indemnified Party”) from any claims, debts, taxes, or liabilities allocated to the Indemnifying Party herein, limited to the Indemnifying Party’s share of the Marital Estate.

7.2 Limitation of Liability

Except for willful misconduct or fraud, liability under this Agreement is capped at the value of the Indemnifying Party’s allocated Marital Assets as of the Effective Date.

7.3 Force Majeure

Non-performance is excused to the extent caused by force majeure events (e.g., natural disaster, war, pandemic) making performance impossible, provided written notice is given within [10] days of onset.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by the laws of the State of Indiana, without regard to conflict-of-laws principles.

8.2 Forum Selection. Exclusive jurisdiction and venue lie with the [INSERT COUNTY] Superior Court, Domestic Relations Division.

8.3 Mediation. Except for emergencies or contempt, the Parties shall attempt in good faith to resolve disputes via mediation with a registered domestic relations mediator before seeking Court intervention.

8.4 Arbitration (Limited). The Parties may voluntarily submit post-Decree property enforcement disputes (but not custody or support) to binding arbitration under Ind. Alternative Dispute Resolution Rule 3. Any arbitration award is subject to Court confirmation.

8.5 Injunctive Relief. Nothing herein limits a Party’s right to seek protective or restraining orders under Ind. Code § 34-26-5.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment is effective unless in writing, signed by both Parties, and approved by the Court. Waiver of any breach is not waiver of subsequent breaches.

9.2 Assignment. Rights and obligations are personal and non-assignable, except as to property transfers expressly contemplated herein.

9.3 Severability. If any provision is invalid, the remainder shall be construed to effectuate the Parties’ intent.

9.4 Integration. This Agreement constitutes the entire understanding, superseding all prior agreements, written or oral.

9.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts (including electronic signatures), each deemed an original and all constituting one instrument.

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

10. EXECUTION BLOCK

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

NOTARY ACKNOWLEDGMENT

State of Indiana )
County of ______ ) SS:

Subscribed and sworn to before me on this ___ day of ____, 20__, by [PARTY A FULL LEGAL NAME].

Notary Public
My Commission Expires: _
Residing in ___ County, IN

(Repeat acknowledgment for Party B.)

EXHIBITS

• Exhibit A – Property Schedule
• Exhibit B – Debt Schedule
• Exhibit C – Parenting Plan and Holiday Schedule
• Exhibit D – College Expense Addendum
• Child Support Obligation Worksheet
• QDRO(s) (to be prepared post-Decree)

[// GUIDANCE: Attach schedules in spreadsheet or tabular form. Confirm asset values, tax bases, and account numbers against current statements. Verify all statutory notice periods and local rule requirements prior to filing.]