Divorce Settlement Agreement - Indiana

MARITAL DISSOLUTION AND SETTLEMENT AGREEMENT

(Indiana)

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 ask the Indiana court in which the dissolution is pending (the “Court”) to approve this Agreement, incorporate and merge it into the Decree of Dissolution of Marriage (the “Decree”), and order performance under IC 31-15-2-17.

1.3 Consideration

The mutual covenants herein constitute good and sufficient consideration.

1.4 Effective Date & Jurisdiction

The Parties’ signatures record their proposed settlement. Provisions requiring judicial approval become enforceable as a court order only when approved, incorporated, and merged into the Decree under IC 31-15-2-17. Property terms then have the modification limits in subsection (c); child-related terms remain subject to continuing statutory court authority.

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 court in which the dissolution action is properly filed and pending.
“Decree” – The final judgment of dissolution incorporating this Agreement.
“Marital Estate” – Property subject to the Court’s just-and-reasonable division under IC 31-15-7-4, including property owned before marriage and property acquired before final separation; source and timing may rebut the equal-division presumption under IC 31-15-7-5.
“Parenting Time Guidelines” – The current Indiana Parenting Time Guidelines (“IPTG”), updated effective January 1, 2022, as later amended.
“Allocated Property” – Property the Parties propose that the Court set over to one Party in the Decree; the label does not remove property from the statutory marital pot before approval.
[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

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 entry of the Decree or by another date stated in the Decree.
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 Omitted Property and Fraud. The Parties shall disclose and schedule all property. This Agreement does not waive claims concerning fraud, concealed assets, or property omitted from the Decree beyond what current law permits.

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

3.4.1 Statutory Gate. ☐ No maintenance is requested. ☐ The Parties request maintenance for [TYPE / PURPOSE], subject to the findings and limits in IC 31-15-7-2. Rehabilitative maintenance may not exceed three years from the final Decree.
3.4.2 Proposed Terms. If approved, [PAYOR] shall pay $[AMOUNT] per [PERIOD] from [DATE] through [DATE / EVENT]. State the agreed termination and modification terms expressly: [TERMS]. Do not assume remarriage, cohabitation, or death changes an obligation unless the Decree and current law support that result.

3.5 Child-Related Matters

3.5.1 Legal & Physical Custody

3.5.1.1 Joint / Sole Custody. The Parties propose [JOINT / SOLE to Party] legal custody and [PARENTING-TIME / PHYSICAL-CARE ARRANGEMENT], subject to the Court’s best-interests determination under IC 31-17-2-8. Joint legal custody does not require equal physical time under IC 31-17-2-14.
3.5.1.2 Modification. The Court may modify custody only when modification is in the Child(ren)’s best interests and a substantial change has occurred in a statutory factor. IC 31-17-2-21.

3.5.2 Parenting Time Schedule

3.5.2.1 Baseline Schedule. Parenting time shall follow Exhibit C (Parenting Plan). Identify any intended use of or deviation from the current IPTG expressly; do not incorporate future guideline changes automatically without reviewing the Decree and current law.
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 $[AMOUNT] per [WEEK / OTHER ORDERED PERIOD], as shown by the attached current Child Support Obligation Worksheet and any Parenting Time Credit Worksheet. The Court determines the order under IC 31-16-6-1 and the current Indiana Child Support Rules and Guidelines.
3.5.3.2 Payment and Modification. Include the Court’s income-withholding and payment instructions. There is no statutory COLA in IC 31-16-15-2; that section concerns lifting a stay of income withholding. Any support change requires a court order under IC 31-16-8-1.
3.5.3.3 Health Insurance. [PARTY / BOTH] shall provide health insurance if available at reasonable cost as ordered under IC 31-16-6-4. Uninsured expenses are allocated [PERCENTAGE / CURRENT GUIDELINE METHOD].
3.5.3.4 Education. Any elementary, secondary, or postsecondary education provision must be supported by the findings and allocation required by IC 31-16-6-2 and, when applicable, the current Post-Secondary Education Worksheet. Proposed terms: [TERMS].

3.6 Taxes

3.6.1 Filing Status. The Parties shall file [JOINT/SEPARATE] returns for tax year [YEAR].
3.6.2 Child Tax Claims. The proposed allocation is [TERMS], subject to IC 31-16-6-1.5, federal tax eligibility and release requirements, and the Court’s order. Do not promise a tax result the designated Party cannot legally claim.
3.6.3 Indirect Tax Liabilities. Each Party shall reimburse the other for a documented tax payment the other was legally required to make because of income, a deduction, or a filing position allocated to the responsible Party under this Agreement, subject to the Decree and current tax law.

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 Employer Benefits. Identify any continuation-coverage election, deadline, cost, and plan administrator only after review of the actual plan and current federal law: [TERMS].

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 Court Submission. The Parties understand that approved terms are incorporated and merged into the Decree under IC 31-15-2-17, and that enforcement and modification depend on the Decree and the governing statute.

5. COVENANTS & RESTRICTIONS

5.1 Mutual Non-Disparagement. Neither Party shall disparage the other in the presence of the Child(ren).
5.2 Privacy. The Parties shall protect nonpublic personal information to the extent lawful, but this Agreement does not promise that court filings, hearings, or the Decree will be confidential. Use sealing or redaction only when authorized by current court rules or order.
5.3 Prior Name. If eligible, [PARTY] asks that the dissolution petition and Decree restore [PRIOR NAME] under IC 31-15-2-18 or -19. This clause does not replace the petition allegation, notice, or eligibility requirements that apply to the requesting Party.
5.4 Future Cooperation. Each Party shall execute further instruments necessary to effectuate this Agreement.
5.5 Relocation. Except when IC 31-17-2.2-1(b) exempts the filing, a relocating individual must use the statutory filing and service process. Notice is generally due 30 days before the intended move or within 14 days after learning of it, whichever is sooner; a nonrelocating parent generally has 20 days after service to respond. Existing orders remain effective until modified by the Court.

6. DEFAULT & REMEDIES

6.1 Noncompliance. Identify the specific Decree term, performance due, notice given, and requested relief. This Agreement does not create a universal ten-day cure period for violation of a court order.
6.2 Enforcement. Orders and awards in the Decree may be enforced by contempt, income withholding when applicable, or another lawful court-order remedy under IC 31-15-7-10. Do not insert a fixed interest rate without verifying the judgment, accrual date, and current governing law.
6.3 Costs and Fees. Either Party may request costs, attorney’s fees, and mediation expenses; any award is for the Court under IC 31-15-10-1, not automatic to a prevailing Party.

7. RISK ALLOCATION

7.1 Allocated Third-Party Debts and Taxes

Each Party shall timely pay obligations allocated to that Party and reimburse the other for a documented third-party payment the other was legally required to make on that allocated obligation, subject to the Decree and defenses available under current law. This allocation does not alter a creditor’s rights without the creditor’s consent.

7.2 No Private Liability Cap or Force-Majeure Override

No marital-asset liability cap or force-majeure clause limits the Court’s enforcement of property, maintenance, custody, parenting-time, or support orders. A Party affected by extraordinary circumstances must seek any available relief through the Court before changing court-ordered performance.

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 Court. Motions concerning the Decree must be filed in the Court with continuing jurisdiction and proper venue. Do not assume the county uses a court formally named “Domestic Relations Division.”

8.3 Mediation. ☐ The Parties request mediation for suitable nonemergency disputes. Mediation must not delay a statutory filing deadline, emergency request, or other relief that requires prompt Court action, and any resulting agreement remains subject to required Court approval.

8.4 Court-Controlled Relief. Mediation or another process does not displace the Court’s authority over dissolution, custody, parenting time, support, maintenance, or enforcement. Emergency or protective relief must use the procedure and findings applicable to the requested order.

9. GENERAL PROVISIONS

9.1 Amendment and Modification. A proposed amendment must be written, signed, filed, and approved when court approval is required. Property terms merged under IC 31-15-2-17(c) are not later modifiable except as the Agreement prescribes or the Parties consent; any requested change to another Decree term must satisfy the statute governing that term.

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 and Signatures. The Parties may sign counterparts if accepted by the Court and filing system. Confirm identity, consent, filing format, and any local signature requirement before submission; this clause does not itself validate an otherwise noncompliant filing.

9.6 Successors and Representatives. Property-payment and transfer duties bind estates or representatives only to the extent provided by the Decree and current law. Custody, parenting-time, support, and other personal obligations are not made assignable by this clause.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates written below for submission to the Court.

OPTIONAL SIGNATURE VERIFICATION / NOTARY BLOCK

Use only if required by the Court, local practice, a related conveyance, or counsel’s authentication plan. The settlement statute itself requires a written agreement but does not make notarization the universal validity condition.

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 – Education Expense Addendum, if requested
• Current Child Support Obligation Worksheet and any Parenting Time Credit Worksheet
• Post-Secondary Education Worksheet, if applicable
• QDRO(s) or other plan-specific domestic-relations orders, separately reviewed