DIVORCE SETTLEMENT AGREEMENT

(Massachusetts)

[// GUIDANCE: This template is drafted for use in the Commonwealth of Massachusetts (“MA”). It reflects core requirements of M.G.L. ch. 208 (divorce, property division, alimony) and the Massachusetts Child Support Guidelines (2021). Customize bracketed terms, add schedules, and confirm all financial calculations before filing. Sections marked “OPTIONAL” may be deleted if not applicable.]

Table of Contents

I. Document Header
II. Definitions
III. Operative Provisions
 1. Property Division
 2. Spousal Support (Alimony)
 3. Parenting Plan & Legal/Physical Custody
 4. Child Support
 5. Insurance, Taxes & Related Financial Matters
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1.1 Title. Divorce Settlement Agreement (this “Agreement”).

1.2 Parties.
(a) [NAME OF SPOUSE A], currently residing at [ADDRESS] (“Spouse A”); and
(b) [NAME OF SPOUSE B], currently residing at [ADDRESS] (“Spouse B,” and together with Spouse A, the “Parties,” and each a “Party”).

1.3 Recitals.
A. The Parties were lawfully married on [MARRIAGE DATE] in [CITY/STATE].
B. An irretrievable breakdown of the marriage has occurred, and the Parties desire to resolve all matters arising from their marital relationship, including property division, support, custody, and all other rights and obligations.
C. The Parties enter into this Agreement pursuant to M.G.L. ch. 208, intending that it be incorporated and merged (except as to those provisions expressly stated to survive as an independent contract) into a Judgment of Divorce issued by the [NAME OF COUNTY] Division of the Massachusetts Probate and Family Court (the “Court”).

1.4 Consideration. Mutual promises, the adequacy and sufficiency of which are hereby acknowledged.

1.5 Effective Date. This Agreement shall become effective on the date signed by the later-signing Party (the “Effective Date”) and shall be submitted to the Court for approval.

1.6 Governing Law. Commonwealth of Massachusetts family law, without regard to conflict-of-law principles.

II. DEFINITIONS

The following terms, when capitalized, have the meanings set forth below. Other capitalized terms are defined contextually.

“Agreement” has the meaning given in Section 1.1.

“Child(ren)” means the minor child(ren) of the Parties:
• [CHILD NAME], born [DOB];
• [CHILD NAME], born [DOB]; (collectively, the “Children”).

“Custodial Parent” and “Non-Custodial Parent” mean, respectively, the Party with primary physical custody and the Party with parenting time as defined in Section 3.

“Marital Assets” means all property subject to division under M.G.L. ch. 208 § 34, including real, personal, tangible, and intangible property, retirement accounts, and any after-acquired appreciation thereto.

“Marital Debts” means jointly or individually incurred liabilities existing as of the Valuation Date (defined below).

“Net Equity” means the fair market value of an asset less associated encumbrances and costs of disposition.

“Parenting Plan” means the schedule and decision-making framework set forth in Section 3.

“QDRO” means a qualified domestic relations order as defined under 26 U.S.C. § 414(p).

“Valuation Date” means [MM/DD/YYYY] or such other date agreed in writing.

[// GUIDANCE: Add additional definitions (e.g., “Retirement Benefits,” “Separate Property”) as needed.]

III. OPERATIVE PROVISIONS

1. Property Division

1.1 Identification & Disclosure. Each Party has delivered a complete, sworn financial statement (Mass. Prob. & Fam. Ct. Rule 401), copies of which are attached as Schedule 1-A (Spouse A) and Schedule 1-B (Spouse B).

1.2 Classification of Property.
(a) Marital Assets. All assets not expressly identified on Schedule 1-C as “Separate Property” shall be deemed Marital Assets.
(b) Separate Property. The items listed in Schedule 1-C shall remain the sole and exclusive property of the owning Party, free of any claim by the other.

1.3 Division of Marital Assets.
(a) Real Property.
i. Primary Residence: Located at [ADDRESS] (the “Residence”). Within [X] days after Effective Date, the Parties shall [sell/refinance/transfer title to Spouse A/B]. Net proceeds (after mortgage payoff, taxes, broker fees) shall be divided [PERCENT]% to Spouse A and [PERCENT]% to Spouse B.
ii. Other Real Property: See Schedule 1-D.
(b) Retirement & Pension Assets. Divided pursuant to one or more QDROs to be prepared at the joint expense of the Parties within [90] days.
(c) Bank & Brokerage Accounts. Distributed as set forth on Schedule 1-E.
(d) Business Interests. Each Party shall retain his/her respective ownership in [BUSINESS NAME], subject to the buy-out arrangement in Schedule 1-F.
(e) Personal Property & Vehicles. Allocated per Schedule 1-G.

1.4 Allocation of Marital Debts. The debts listed on Schedule 1-H shall be assumed and held harmless as follows:
• [DEBT DESCRIPTION] – Spouse A;
• [DEBT DESCRIPTION] – Spouse B.

1.5 Equalization Payment. To achieve an equitable distribution under M.G.L. ch. 208 § 34, Spouse [ A / B ] shall pay Spouse [ B / A ] an equalization payment of $[AMOUNT] on or before [DATE], secured by a [promissory note/lien] as detailed in Schedule 1-I.

1.6 Tax Attributes. Unless otherwise stated, asset divisions shall be treated as non-taxable transfers incident to divorce under I.R.C. § 1041.

1.7 Default. Failure to transfer an asset or pay a required sum within the time stated constitutes an Event of Default under Section VI.

2. Spousal Support (Alimony)

2.1 Waiver or Obligation. [Select one:]
(a) The Parties mutually waive past, present, and future alimony; OR
(b) Spouse [A/B] shall pay alimony to Spouse [B/A] in accordance with M.G.L. ch. 208 §§ 34 & 48-55 as follows:
i. Term: [NUMBER] months/years, commencing [START DATE].
ii. Amount: $[AMOUNT] per week, payable via wage assignment.
iii. Modifiability: [General Term / Rehabilitative / Reimbursement / Transitional], subject to statutory modification grounds (remarriage, cohabitation, income change, etc.).

2.2 Tax Treatment. For federal and state tax purposes, alimony shall [be deductible by payor and includible by payee / NOT be deductible or includible] consistent with Internal Revenue Code § 215 and post-2018 federal law.

2.3 Life Insurance Security. The payor shall maintain $[AMOUNT] of life insurance, naming the payee as irrevocable beneficiary for the duration of alimony.

3. Parenting Plan & Legal/Physical Custody

3.1 Custody Designation. The Parties agree to [joint legal custody], with [Spouse A/B] having primary physical custody subject to the parenting schedule below.

3.2 Parenting Schedule.
• Weekdays: [DETAILS]
• Weekends: [DETAILS]
• Holidays & School Vacations: Alternating per Schedule 3-A.
• Transportation & Exchange Location: [DETAILS]

3.3 Decision-Making. Major decisions regarding education, non-emergency medical care, and religious upbringing shall be made jointly. Day-to-day decisions reside with the parent then in possession.

3.4 Relocation. A Party seeking to remove the Children from the Commonwealth shall comply with M.G.L. ch. 208 § 30 and obtain either (a) written consent of the other Party or (b) prior Court approval.

3.5 Dispute Resolution. Parenting disputes shall first be submitted to a parenting coordinator or mediator before filing any motion, except in emergencies affecting child safety.

4. Child Support

4.1 Basic Support. Child support shall be paid by the Non-Custodial Parent to the Custodial Parent in the amount of $[AMOUNT] per week, calculated under the Massachusetts Child Support Guidelines Worksheet attached as Schedule 4-A.

4.2 Health Insurance. [Party] shall maintain medical and dental insurance for the Children as available through employment at no additional cost. Uninsured medical expenses exceeding $250 per child per year shall be shared [PERCENT]% Spouse A / [PERCENT]% Spouse B.

4.3 Childcare & Extracurriculars. Costs shall be allocated [PERCENT]% / [PERCENT]%, consistent with Guidelines.

4.4 College/Post-Secondary Expenses (OPTIONAL). Each Party shall contribute annually the lesser of (i) [PERCENT]% of actual expenses or (ii) [PERCENT]% of the then-current UMASS in-state tuition, pursuant to M.G.L. ch. 208 § 28.

4.5 Modification. Child support may be modified upon a “material and substantial change in circumstances” or every three (3) years, whichever first occurs.

5. Insurance, Taxes & Related Financial Matters

5.1 Life Insurance for Children’s Benefit. Each Party shall maintain life insurance of at least $[AMOUNT] with the Children (or custodian in trust) as irrevocable beneficiaries until the youngest Child reaches age [18/23].

5.2 Tax Exemptions. The Parties shall claim dependency exemptions as follows: [DETAIL]. Subject to IRS rules, the Custodial Parent shall sign Form 8332 annually if transferring an exemption.

5.3 Filing Status. For tax year [YYYY], the Parties shall file [married filing jointly/separately]; thereafter, each shall file individually.

IV. REPRESENTATIONS & WARRANTIES

4.1 Capacity & Authority. Each Party represents that he/she:
(a) is of legal age, competent, and not under duress;
(b) fully disclosed all assets, liabilities, and income;
(c) has consulted independent counsel or knowingly waived such right; and
(d) understands that the Court retains authority to review and approve this Agreement as fair and reasonable.

4.2 Survival. The representations in Section 4.1 shall survive the Effective Date and entry of Judgment.

V. COVENANTS & RESTRICTIONS

5.1 Non-Interference with Parenting Time. Each Party shall foster a positive relationship between the Children and the other Party and shall not disparage the other in the Children’s presence.

5.2 Change of Address/Employment. Within ten (10) days after any change, a Party shall provide written notice of new address, phone number, or employer contact information.

5.3 Confidentiality of Financial Information. Except as required by law or Court order, the Parties shall keep the other’s non-public financial data confidential.

5.4 Name Change (OPTIONAL). Spouse [ A / B ] may resume the use of [MAIDEN NAME] without objection.

VI. DEFAULT & REMEDIES

6.1 Events of Default. Any of the following constitutes default:
(a) failure to pay support or equalization within ten (10) days after due;
(b) failure to execute conveyance documents within the stated time;
(c) material breach of any Parenting Plan provision affecting child welfare.

6.2 Notice & Cure. The non-defaulting Party shall give written notice specifying the default. The defaulting Party shall have seven (7) days (support) or thirty (30) days (property conveyances) to cure.

6.3 Remedies. Upon uncured default, the non-defaulting Party may:
(a) apply to the Court for contempt, wage assignment, or attachment;
(b) exercise self-help remedies permitted under this Agreement (e.g., offset; transfer by special power of attorney);
(c) recover reasonable attorneys’ fees and costs incurred. Fees shall be presumed reasonable unless rebutted.

6.4 Cumulative Rights. Remedies are cumulative and not exclusive.

VII. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any loss, cost, or liability arising from (a) the Indemnifying Party’s breach of this Agreement, or (b) any debt or obligation assumed by the Indemnifying Party hereunder.

7.2 Limitation of Liability. Except for child-related obligations, willful misconduct, or fraud, the aggregate liability of either Party under this Agreement shall not exceed the total value of Marital Assets awarded to that Party.

7.3 Insurance. Each Party shall maintain customary homeowner/renter, auto, and umbrella liability coverage in at least the amounts existing on the Effective Date.

7.4 Force Majeure. Neither Party shall be liable for delay or failure in performance (other than payment obligations) caused by events beyond reasonable control; provided the affected Party gives prompt notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

8.1 Exclusive Jurisdiction. The Massachusetts Probate and Family Court, [COUNTY] Division, shall have continuing and exclusive jurisdiction over enforcement and modification.

8.2 Mediation as Condition Precedent. Except for emergency relief (including abuse prevention or restraining orders under M.G.L. ch. 209A), the Parties shall attempt in good faith to resolve disputes through mediation with a mutually selected mediator before filing any contested motion.

8.3 Limited Arbitration. By mutual written agreement after a dispute arises, the Parties may submit property-valuation or support-modification issues (but not custody) to binding arbitration under M.G.L. ch. 251. The arbitrator shall apply MA law, and judgment on the award may be entered by the Court.

8.4 Injunctive Relief. Nothing herein limits either Party’s right to seek temporary restraining orders or other equitable relief to protect personal safety or preserve assets.

8.5 Jury Trial Waiver. Not applicable; family-law matters are tried to the Court.

IX. GENERAL PROVISIONS

9.1 Amendments & Waivers. Must be in a written instrument signed by both Parties and approved by the Court to be effective. A waiver on one occasion is not a waiver on any other.

9.2 Assignment. Personal rights and obligations hereunder are non-assignable, except that a Party may assign rights in property awarded to that Party.

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

9.4 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted, and the Court may reform the invalid provision to comply with applicable law while effectuating the Parties’ intent.

9.5 Integration. This Agreement, including the Schedules, constitutes the entire understanding of the Parties, superseding all prior agreements, whether written or oral, respecting the subject matter.

9.6 Counterparts. May be executed in any number of counterparts (including electronic signatures under M.G.L. ch. 110G and E-SIGN, 15 U.S.C. § 7001 et seq.), each of which is deemed an original, but all together one instrument.

9.7 Headings. Headings are for convenience only and do not affect interpretation.

9.8 Construction. No presumption shall arise against the drafter; the Agreement is deemed the joint product of both Parties.

X. EXECUTION BLOCK

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

Acknowledgment

COMMONWEALTH OF MASSACHUSETTS
County of ___, ss.

On this _ day of _, 20_, before me, the undersigned notary public, personally appeared ___ and ______, proved to me through satisfactory evidence of identification (driver’s license/passport) to be the persons whose names are signed above, and acknowledged to me that they signed voluntarily for its stated purpose.

Notary Public
My Commission Expires: _______

Schedules (Illustrative)

• Schedule 1-A – Spouse A Financial Statement
• Schedule 1-B – Spouse B Financial Statement
• Schedule 1-C – Separate Property List
• Schedule 1-D – Real Property Details
• Schedule 1-E – Bank & Brokerage Accounts
• Schedule 1-F – Business Interest Buy-Out Terms
• Schedule 1-G – Personal Property Allocation
• Schedule 1-H – Marital Debts Allocation
• Schedule 1-I – Promissory Note / Security Agreement
• Schedule 3-A – Holiday & Vacation Parenting Schedule
• Schedule 4-A – Child Support Guidelines Worksheet

[// GUIDANCE: Attach the latest Massachusetts Child Support Guidelines Worksheet, completed with accurate income figures, to ensure judicial approval.]

End of Template