MARITAL SETTLEMENT AGREEMENT
(Commonwealth of Kentucky)
[// GUIDANCE: This template is intentionally comprehensive. Remove bracketed guidance notes and unused bracketed options before finalizing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Division of Marital Property
- Allocation of Marital Debts
- Maintenance (Spousal Support)
- Child Custody & Parenting Plan
- Child Support
- Tax Matters
- Insurance & Benefits
- Indemnification
- Limitation of Liability
- Default & Remedies
- Dispute Resolution
- General Provisions
- Execution Block
- Schedules & Exhibits
1. DOCUMENT HEADER
1.1 Parties.
This Marital Settlement Agreement (“Agreement”) is made and entered into by and between [Full Legal Name of Spouse 1], [address], (“Spouse 1”), and [Full Legal Name of Spouse 2], [address], (“Spouse 2”) (collectively, the “Parties”).
1.2 Effective Date.
This Agreement shall become effective on [Effective Date] (“Effective Date”).
1.3 Pending Action.
A dissolution of marriage action styled [Case Caption], Civil Action No. [Number], is presently pending in the [_ Circuit Court, Family Division, _____ County, Kentucky] (the “Dissolution Action”).
1.4 Purpose & Consideration.
The Parties desire to settle fully, finally, and forever all rights and obligations arising out of their marriage, including but not limited to real and personal property rights, debts, spousal maintenance, child custody, parenting time, and child support. Each Party acknowledges the sufficiency of the mutual promises herein as adequate consideration.
1.5 Incorporation & Survival.
Upon approval, this Agreement shall be incorporated but not merged into any decree of dissolution issued in the Dissolution Action, thereby surviving as an independent contract enforceable by its terms.
2. DEFINITIONS
For ease of reference, capitalized terms used herein have the meanings set forth below. Terms defined in the singular include the plural and vice-versa.
“Affiliate” – any entity directly or indirectly controlled by, controlling, or under common control with a Party.
“Best Interests Standard” – the legal standard set forth in Ky. Rev. Stat. Ann. § 403.270(2) for determining custody and parenting time.
“Child” or “Children” – the minor child(ren) of the Parties: [Child 1 Name, DOB]; [Child 2 Name, DOB]; ….
“Court” – the Kentucky court of competent jurisdiction presiding over the Dissolution Action.
“Custodial Parent” – the parent designated to receive child support payments under Section 7.
“Equitable Distribution” – the allocation methodology required by Ky. Rev. Stat. Ann. § 403.190 for division of marital property.
“Maintenance” – spousal support as contemplated in Ky. Rev. Stat. Ann. § 403.200.
“Marital Assets” – all property acquired by either Party during marriage except property classified as Non-Marital Property under Section 3.2.
“Parenting Time” – the schedule of physical custodial periods set forth in Section 6.3.
3. DIVISION OF MARITAL PROPERTY
3.1 Classification.
a. Marital vs. Non-Marital. Property shall be classified and distributed pursuant to Ky. Rev. Stat. Ann. § 403.190.
b. Burden of Proof. The Party asserting non-marital status bears the burden of proof by clear and convincing evidence.
3.2 Non-Marital Property.
Each Party’s Non-Marital Property, including but not limited to gifts, inheritances, and pre-marital assets, is listed on Schedule A and shall be confirmed to that Party free of claim by the other.
3.3 Marital Property Allocation.
Marital Assets are divided as set forth on Schedule B (Real Property) and Schedule C (Personal Property & Financial Accounts) in accordance with Equitable Distribution.
[// GUIDANCE: Insert detailed property tables with fair-market values, liens, and net equity columns. Use dollar placeholders.]
3.4 Retirement Assets & QDROs.
a. Qualified Plans. The Parties will divide retirement plans per qualified domestic relations orders (“QDROs”) prepared at the expense of [Responsible Party] within [30] days of the Effective Date.
b. Non-Qualified Plans. Non-qualified deferred compensation shall be divided via direct rollover or equivalent transfer.
3.5 Conveyancing Documents.
Each Party shall execute all deeds, titles, assignments, and other instruments reasonably necessary to effectuate the transfers herein within [15] days of written request, or as ordered by the Court.
4. ALLOCATION OF MARITAL DEBTS
4.1 Debt Schedules.
Marital debts are allocated as detailed on Schedule D. Each Debtor Party shall indemnify, defend, and hold harmless the other from the debts so assumed.
4.2 Hold-Harmless Enforcement.
If a Creditor pursues a Non-Debtor Party, the Debtor Party shall:
a. Pay the obligation in full or cure the default within [10] days of notice; and
b. Reimburse the Non-Debtor Party for any amounts paid plus interest at [6]% per annum and reasonable attorney fees.
5. MAINTENANCE (SPOUSAL SUPPORT)
5.1 Waiver or Award.
☐ 5.1.1 Waiver. Each Party knowingly waives maintenance now and forever.
☐ 5.1.2 Award. [Payor] shall pay [Payee] maintenance in the amount of $[___] per month for [__] months, commencing [Date], pursuant to Ky. Rev. Stat. Ann. § 403.200(2). Payments shall terminate upon the earliest of:
i. death of either Party;
ii. Payee’s remarriage or cohabitation in a marriage-like relationship for more than [__] consecutive months; or
iii. further order of the Court.
5.2 Modifiability.
Maintenance is ☐ modifiable ☐ non-modifiable except upon Payee’s remarriage or death.
6. CHILD CUSTODY & PARENTING PLAN
6.1 Legal Custody.
Pursuant to Ky. Rev. Stat. Ann. § 403.315, the Parties shall share joint legal custody. Major decisions (education, non-emergency medical, religion, and extracurricular activities) require mutual consent.
6.2 Primary Residence.
The Children’s primary residence shall be with [Designated Parent] for school enrollment purposes.
6.3 Parenting Time Schedule.
[Insert detailed weekly, holiday, and vacation schedule. Example below.]
a. Week-on/week-off rotation commencing every [Sunday at 6:00 p.m.];
b. Holidays alternate annually per Schedule E;
c. Each parent receives [2] consecutive weeks of uninterrupted summer parenting time with at least [30] days’ advance written notice.
6.4 Transportation & Exchanges.
Exchanges occur at [Neutral Location]; the receiving parent provides transportation.
6.5 Relocation.
Neither Party shall relocate the Children’s residence outside [_____] miles of [Current City] without 60-day prior written notice and compliance with KRS relocation requirements.
6.6 Dispute-Resolution for Parenting Matters.
Parenting disputes shall be submitted to [Mediation / Parenting Coordinator] before filing court motions, except in emergencies.
7. CHILD SUPPORT
7.1 Guideline Support.
Child support shall be calculated pursuant to Ky. Rev. Stat. Ann. § 403.212 using the financial information attached as Schedule F (Child Support Worksheet).
7.2 Payment Terms.
a. Payor: [Name]
b. Amount: $[___] per month, payable on the [1st] day of each month via wage withholding to the Kentucky Child Support Enforcement Program.
c. Commencement: [Date]
d. Termination: Upon the earliest of (i) the Child reaching age 18 and graduating high school, (ii) emancipation per KRS, or (iii) further order of the Court.
7.3 Health Insurance & Unreimbursed Medical.
a. Insurance. [Parent] shall maintain health and dental coverage for the Children; proof provided annually.
b. Unreimbursed Expenses. Parties split [ __ ]% / [ __ ]% per calendar year; payment due within [30] days of documentation.
8. TAX MATTERS
8.1 Dependency Exemptions.
Unless otherwise agreed in writing, the Parties shall alternate the federal and state income-tax dependency exemptions for each Child, commencing tax year [20__] with [Parent]. The higher-earning parent shall execute IRS Form 8332 as necessary.
8.2 Filing Status.
For the tax year in which the divorce decree is entered, the Parties shall file ☐ joint ☐ separate returns, allocating refunds/liabilities per proportional income unless otherwise agreed.
9. INSURANCE & BENEFITS
9.1 Life Insurance.
Each Party shall maintain term life insurance of at least $[___] naming the other Party as trustee for the Children until the youngest Child turns 18 or support otherwise terminates.
9.2 Beneficiary Designations.
Within [10] days post-Effective Date, each Party shall update beneficiary designations consistent with this Agreement and provide confirmation upon request.
10. INDEMNIFICATION
Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and the Children (collectively, “Indemnified Parties”) from and against all claims, liabilities, costs, and expenses (including reasonable attorney fees) arising from:
a. any debt, obligation, or tax specifically allocated to the Indemnifying Party herein;
b. the Indemnifying Party’s breach of any representation, warranty, or covenant under this Agreement; and
c. intentional misconduct or willful failure to comply with a court order relating to the matters herein.
11. LIMITATION OF LIABILITY
Except for obligations relating to child support, maintenance, or intentional misconduct, each Party’s aggregate liability to the other under this Agreement shall not exceed the total value of assets allocated to that Party under Section 3 (the “Liability Cap”). The Liability Cap shall not apply to enforcement of indemnification under Section 10.
12. DEFAULT & REMEDIES
12.1 Events of Default.
An “Event of Default” occurs if a Party:
a. fails to make any payment when due and such failure continues for [10] days after written notice;
b. breaches any material covenant and fails to cure within [30] days of written notice; or
c. files for bankruptcy or seeks to discharge obligations allocated herein.
12.2 Remedies.
Upon an Event of Default, the non-defaulting Party may pursue any combination of:
i. specific performance;
ii. contempt proceedings;
iii. judgment for past-due amounts with interest at [8]% per annum;
iv. recovery of reasonable attorney fees and costs; and
v. any other remedy available at law or in equity.
13. DISPUTE RESOLUTION
13.1 Governing Law.
This Agreement shall be governed by the substantive and procedural laws of the Commonwealth of Kentucky, without regard to conflicts-of-law principles.
13.2 Forum Selection.
Exclusive jurisdiction and venue lie in the Family Court Division of the [_ Circuit Court, ____ County, Kentucky].
13.3 Mediation.
Except for emergency relief, the Parties shall attempt in good faith to resolve disputes through mediation with a mediator certified under Kentucky Supreme Court Rule 49. Mediation shall occur within [30] days of written demand.
13.4 Limited Arbitration (Optional).
[Optional clause—delete if unused.] Purely financial disputes not involving child-related issues may, by mutual written agreement, be submitted to binding arbitration under [Arbitration Service] rules. The arbitrator’s award may be entered as a judgment only upon review and confirmation by the Court.
13.5 Jury Waiver.
Under Kentucky practice, dissolution actions are tried without a jury; accordingly, any right to trial by jury on issues arising from or related to this Agreement is knowingly and irrevocably waived.
13.6 Injunctive Relief.
Nothing herein limits either Party’s right to seek restraining orders or other equitable relief, including Domestic Violence Orders, as allowed by Kentucky law.
14. GENERAL PROVISIONS
14.1 Amendments & Waivers.
Amendments or waivers must be in a writing signed by both Parties and approved by the Court to be effective.
14.2 Assignment.
No Party may assign or delegate this Agreement or any rights or obligations hereunder without prior written consent of the other Party and the Court, except as to estate representatives upon death.
14.3 Successors & Assigns.
This Agreement binds and inures to the benefit of the Parties and their respective heirs, personal representatives, and permitted assigns.
14.4 Severability.
If any provision is found unenforceable, the remaining provisions shall remain in full force, and the unenforceable provision shall be modified to the minimum extent necessary to render it enforceable while preserving the Parties’ intent.
14.5 Entire Agreement.
This Agreement (including Schedules and Exhibits) constitutes the entire understanding between the Parties regarding the subject matter and supersedes all prior oral or written agreements.
14.6 Counterparts & Electronic Signatures.
This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which, when taken together, shall constitute one instrument. Signatures transmitted by facsimile, PDF, or electronic signature platform (e.g., DocuSign) shall be deemed originals.
14.7 Headings.
Headings are for convenience only and shall not affect interpretation.
15. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| ________ | ________ |
| [Spouse 1 Name] | [Spouse 2 Name] |
| Date: _________ | Date: _________ |
NOTARY ACKNOWLEDGMENTS
State of Kentucky
County of ___
Subscribed, sworn to and acknowledged before me by [Spouse 1 Name] on this _ day of _, 20___.
Notary Public, State at Large, Kentucky
My commission expires: ____
State of Kentucky
County of ___
Subscribed, sworn to and acknowledged before me by [Spouse 2 Name] on this _ day of _, 20___.
Notary Public, State at Large, Kentucky
My commission expires: ____
16. SCHEDULES & EXHIBITS
• Schedule A – Non-Marital Property Inventory
• Schedule B – Real Property Allocation & Deeds
• Schedule C – Personal Property & Financial Accounts
• Schedule D – Marital Debt Allocation
• Schedule E – Holiday & Vacation Parenting Schedule
• Schedule F – Kentucky Child Support Worksheet (KRS § 403.212)
[// GUIDANCE: Attach fully completed schedules before submission to the Court. Be sure to reference asset values, account numbers (last four digits only), and deed book/page numbers where applicable.]
[// GUIDANCE: End of Template. Review for accuracy, remove unused options, and conform all schedules before filing.]