Divorce Settlement Agreement - Massachusetts

DIVORCE SETTLEMENT AGREEMENT

(Massachusetts)

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. c. 208, intending that it be submitted to the [NAME OF COUNTY] Division of the Massachusetts Probate and Family Court (the “Court”). The Parties request that [IDENTIFY PROVISIONS] survive as an independent contract and that the remaining provisions merge into the judgment, subject to Court approval.

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

1.5 Signing Date and Court Approval. The date signed by the later-signing Party is the “Signing Date.” The Parties request that this Agreement take effect upon Court approval and entry of judgment, except for any expressly identified interim obligation: [INTERIM OBLIGATION OR NONE].

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 property addressed for division in this Agreement under M.G.L. c. 208, § 34, including real and personal property and retirement benefits.

“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), when needed by the relevant retirement plan.

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

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) Assets for division. The Parties disclose and propose to divide the assets described in Schedules 1-C through 1-G, subject to Court approval.
(b) Property retained by one Party. The Parties propose that the items listed in Schedule 1-C be retained by the identified Party, subject to Court approval of the overall division.

1.3 Division of Marital Assets.
(a) Real Property.

• Primary Residence: Located at [ADDRESS] (the “Residence”). Within [X] days after entry of judgment, 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.
• 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. The Parties will report qualifying transfers between spouses or former spouses incident to divorce under 26 U.S.C. § 1041, subject to its exceptions and applicable tax advice.

1.7 Performance. Failure to transfer an asset or pay an equalization sum within the time stated may be addressed under Section VI. Child-related and support obligations remain subject to the Court's orders.

2. Spousal Support (Alimony)

2.1 Waiver or Obligation. [Select one:]

☐ The Parties mutually waive past, present, and future alimony, subject to Court approval. The Parties request that this waiver [survive as an independent contract / merge into the judgment]; OR

☐ Spouse [A/B] shall pay alimony to Spouse [B/A] under M.G.L. c. 208, §§ 34 and 48–53, on these terms:

Term: [NUMBER] months/years, commencing [START DATE].

Amount: $[AMOUNT] per week, payable by [PAYMENT METHOD APPROVED BY COURT].

Form and modification (select one):

☐ General term — amount or duration may be modified on a material change; cohabitation can support suspension, reduction, or termination under § 49(d), (e).

☐ Rehabilitative — amount may be modified on a material change during the term; extension requires the findings in § 50(b), (c).

☐ Reimbursement — no modification once ordered (§ 51(b)).

☐ Transitional — no court modification, extension, or replacement with another form (§ 52(b)).

2.2 Tax Treatment. For a divorce instrument executed after December 31, 2018, alimony payments under this Agreement are not deductible by the payor or includible in the payee's gross income for federal income tax purposes. The Parties will report alimony under the federal rules applicable to the date of the instrument and any later express modification.

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. Where M.G.L. c. 208, § 30 applies, neither Party may remove a minor Child from the Commonwealth without the consent of a Child of suitable age to consent or, if the Child is younger, both Parties' consent, unless the Court orders otherwise for cause shown.

3.5 Dispute Resolution. The Parties may use a parenting coordinator or voluntary mediation when safe and consistent with any protective order. Either Party may seek court relief without first mediating.

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 and Uninsured Expenses. [Party] shall maintain health care coverage for the Children if available at reasonable cost and accessible to them, subject to Court approval. The recipient shall pay the first $250 each year in combined routine out-of-pocket and uninsured medical and dental/vision expenses for all Children covered by this order. Routine expenses above that amount shall be allocated [PERCENT]% to Spouse A and [PERCENT]% to Spouse B, subject to Court approval. Extraordinary expenses shall be addressed by agreement or Court order.

4.3 Child Care and Other Expenses. Reasonable qualifying child care costs actually paid after discounts or subsidies shall be entered on the current guidelines worksheet. Other extracurricular costs shall be shared [PERCENT]% / [PERCENT]% if approved by the Court.

4.4 Post-Secondary Expenses (OPTIONAL). For a qualifying child age 18 or older, each Party proposes to contribute [PERCENT]% of documented mandatory fees, tuition, housing, meal plan, and books, subject to Court approval under M.G.L. c. 208, § 28 and the current Child Support Guidelines. Any proposed contribution above the guideline benchmark requires the Court's written findings.

4.5 Modification. On a post-divorce complaint, child support may be modified under M.G.L. c. 208, § 28 when the existing amount is inconsistent with the amount produced by the child support guidelines or the child needs health care coverage, subject to the court's statutory findings and exceptions.

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 Federal Child-Related Tax Credits. For tax year(s) [YEAR(S)], the Parties intend that [PARENT] may claim [CHILD(REN)] for the child tax credit or credit for other dependents, if eligible under federal law. The custodial parent shall sign IRS Form 8332 for the agreed year(s) when required, and the noncustodial parent shall attach the release to the return as required. This agreement does not transfer head-of-household filing status or other nontransferable tax benefits; each Party must independently meet the applicable IRS rules. The federal dependency exemption amount is zero under 26 U.S.C. § 151(d)(5)(A).

5.3 Filing Status. For tax year [YYYY], the Parties intend to file [jointly / separately / as otherwise eligible]. Each Party shall determine filing status for each year under federal tax law based on marital status on the last day of that tax year and any applicable head-of-household rules.

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 Continuing Disclosure. Each Party shall correct any material omission in the disclosures before the Court approves this Agreement.

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 Property Performance. If a Party fails to pay an equalization amount or execute a required conveyance document when due, the other Party may request Court enforcement.

6.2 Notice. Before seeking enforcement of a property obligation, the requesting Party shall give written notice describing the failure and allow [NUMBER] days to perform, unless immediate Court relief is needed. This private notice does not delay any Court-ordered support or parenting obligation.

6.3 Remedies. A Party may ask the Court for an available enforcement remedy and, where authorized, reasonable fees and costs. No Party may unilaterally offset support or transfer the other's property under this Agreement.

6.4 Court Orders. Child support, alimony, and parenting duties shall be enforced or changed through the Court as applicable; the Parties' private notice procedure does not amend those orders.

VII. RISK ALLOCATION

7.1 Assigned Debts. As between the Parties, each Party shall reimburse the other for amounts the other pays on a debt allocated to the first Party in Schedule 1-H, subject to Court review and the creditor's independent rights.

7.2 Support and Child-Related Duties. Nothing in this Agreement limits obligations imposed by a Court order or the Court's authority over support, custody, or parenting time.

7.3 Insurance. The Parties agree to maintain the following insurance, if any, in the stated amounts: [COVERAGE AND AMOUNTS OR NONE].

VIII. DISPUTE RESOLUTION

8.1 Court Jurisdiction. A Party may seek enforcement or modification in a court with jurisdiction under applicable law, including the Massachusetts Probate and Family Court when appropriate.

8.2 Voluntary Mediation. The Parties may attempt to resolve disputes through mediation with a mutually selected mediator when safe and consistent with any protective order. Mediation is not required before a contested motion, and a court may not compel mediation of a ch. 209A case (M.G.L. c. 209A, § 3).

8.3 Property Valuation. The Parties may jointly retain a neutral appraiser for a disputed asset value. Either Party may ask the Court to resolve an unresolved dispute.

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.

IX. GENERAL PROVISIONS

9.1 Amendments & Waivers. An amendment to this Agreement must be written and signed by both Parties. A change to a Court judgment or child-related order requires Court action as applicable. 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. Property rights and duties under this Agreement bind and benefit the Parties and their estates to the extent permitted by law.

9.4 Severability. If a provision is held invalid, the Parties request that the remaining lawful provisions be considered separately, subject to the Court's authority to review the Agreement as a whole.

9.5 Integration. This Agreement and its Schedules contain the Parties' current proposed settlement. It does not itself supersede an existing Court order.

9.6 Signatures. Both Parties shall sign this Agreement before a notary and submit the notarized agreement in the form required by the Court.

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 on the dates below.

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 – Property Proposed to Be Retained by One Party
• 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

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