Divorce Settlement Agreement - Maryland

MARYLAND DIVORCE SETTLEMENT AGREEMENT

Spouse A: [FULL NAME], of [ADDRESS]

Spouse B: [FULL NAME], of [ADDRESS]

The spouses married on [__/__/____] in [PLACE] and separated on [__/__/____]. They enter this Agreement to settle their property, alimony, and, if applicable, child-related matters under Md. Code, Fam. Law § 8-101. They have disclosed their assets, debts, and income as set out in the attached schedules and have had the opportunity to seek independent counsel.

Children of the marriage: ☐ None ☐ The children listed in Section 7.

Existing divorce or custody case, if any: Circuit Court for [COUNTY], case no. [CASE NUMBER].

1. Divorce and effective date

This Agreement takes effect when both spouses have signed it, unless they specify a later date: [__/__/____]. They may submit it to the court in a divorce case. If they seek divorce by mutual consent under Md. Code, Fam. Law § 7-103(a)(3), they will submit a signed settlement that resolves all alimony, property, and applicable child-related issues. The mutual-consent ground also requires that neither spouse have filed a pleading to set aside the settlement before the required divorce hearing. The court will review any child-related terms for the children's best interests; the court decides whether to merge or incorporate the Agreement into a decree under § 7-103(e).

Requested decree treatment: ☐ Incorporate without merger ☐ Merge into decree ☐ Ask the court to determine treatment. This selection is a request to the court, not a representation that the decree will use it.

2. Financial disclosure and property

Each spouse confirms receiving the other's completed Schedule A (Assets) and Schedule B (Debts), dated [__/__/____]. Any asset omitted or misstated in those schedules is addressed as follows: [PROCEDURE]. The spouses agree to this division after reviewing the schedules:

Equalization payment, if any: [SPOUSE] will pay [SPOUSE] $[AMOUNT] by [__/__/____] using [METHOD].

For real property, the spouses will sign and deliver the deed or other documents specified here: [DOCUMENTS AND RESPONSIBLE PERSON]. This Agreement itself does not transfer title. For property being sold, the spouses will list it by [__/__/____], choose a broker by [METHOD], pay listed expenses as follows [TERMS], and divide net proceeds [PERCENTAGES].

3. Retirement and employment benefits

The spouses will obtain any plan-specific order or administrator instruction required to implement a stated division. They will cooperate in correcting a rejected order without changing the agreed allocation. Until the division is implemented, neither will intentionally reduce the other's agreed share.

4. Debts and taxes

As between the spouses, the spouse assigned a debt will pay it and reimburse the other for an amount the other pays on that debt. This allocation does not change a creditor's rights under the credit agreement. Any tax return will use a filing status permitted by tax law and will be signed only after each spouse reviews it. Refunds and liabilities from a joint return will be allocated between the spouses as follows: [TERMS]; this allocation does not bind a taxing authority.

5. Alimony

Select one:

☐ Each spouse expressly waives alimony or spousal support from the other.

☐ [PAYOR] will pay [RECIPIENT] $[AMOUNT] every [MONTH / OTHER PERIOD] beginning [__/__/____] and ending [__/__/____], by [PAYMENT METHOD]. Unless they agree otherwise below, alimony terminates on death of either spouse, marriage of the recipient, or a court finding that termination is necessary to avoid a harsh and inequitable result under Md. Code, Fam. Law § 11-108.

Different agreed termination terms, if any: [STATE PRECISELY OR WRITE NONE].

Modification choice for alimony payable: ☐ The spouses leave court modification available as Maryland law permits. ☐ The spouses specifically agree that the alimony and spousal-support provisions of this Agreement are not subject to any court modification under Md. Code, Fam. Law § 8-103. Any different agreed terms: [TERMS].

6. Insurance

Health coverage between spouses: [EACH OBTAINS OWN / SPECIFIED CONTRIBUTION SUBJECT TO PLAN TERMS].

Life insurance securing an agreed obligation, if any: [INSURED] will maintain $[AMOUNT] coverage with [BENEFICIARY] named for [PERIOD], and will provide proof of coverage [FREQUENCY]. ☐ No life-insurance obligation is agreed.

7. Children, custody, and support (complete if children are listed)

Legal custody: ☐ Joint ☐ Parent A sole ☐ Parent B sole ☐ Other: [TERMS]. Major decisions and any tie-breaking method: [TERMS].

Physical custody and access: The parents adopt the detailed schedule attached as Schedule D, including weekdays, weekends, holidays, vacations, exchanges, and remote contact. Schedule D is signed by both parents and forms part of this Agreement. The parents ask the court to consider the children's best interests under Md. Code, Fam. Law § 9-201.

Relocation: The parents will discuss any proposed move affecting the children as early as reasonably practicable. If a court order includes a relocation-notice condition under Md. Code, Fam. Law § 9-106, they will follow its recipients, form, content, and deadline, subject to court waiver or other relief. The statute permits the court to require at least 90 days' written notice of a party's or child's intended permanent-residence move; it does not impose that notice in every case.

Child support: [PAYOR] will pay [RECIPIENT] $[AMOUNT] per [MONTH / OTHER PERIOD] beginning [__/__/____] through [METHOD]. The spouses have completed and attached Schedule E, the child support guidelines worksheet, if they seek mutual-consent divorce and this Agreement provides for child-support payment, as required by Md. Code, Fam. Law § 7-103(a)(3)(ii). If no payment is proposed, explain how support is addressed: [TERMS].

Children's healthcare and other expenses: [PARENT] will maintain [COVERAGE] as available. Uninsured healthcare costs will be divided [PERCENTAGES] after documentation. Agreed school and activity costs will be divided [PERCENTAGES]; approval procedure: [TERMS]. These terms remain subject to court review for the children's best interests under § 8-103(a).

An existing custody or support order continues to govern until the court changes it. The parents may request a modification when appropriate; the court applies Maryland's child-focused standards, including § 9-202 for custody or visitation order modification. Either parent may seek court relief when needed to protect a child, without a contractual waiting period.

8. Estate rights and beneficiary designations

Select one:

☐ Each spouse waives the right of election in the other's estate under Md. Code, Est. & Trusts § 3-406 and, to the extent § 3-406(b) applies to this complete property settlement, the related rights described there. Each understands that this may also renounce benefits under an earlier will or revocable trust.

☐ The spouses expressly preserve the following estate rights despite this settlement: [IDENTIFY RIGHTS]. They intend this provision to state the contrary for purposes of § 3-406(b).

Each spouse will separately submit any desired beneficiary-designation change to the applicable insurer, plan, or account administrator. This Agreement does not itself change such a designation.

9. Further documents, disputes, and signatures

Each spouse will sign documents reasonably needed to carry out the agreed property transfers. A permanent amendment to this Agreement must be in writing and signed by both. Disputes over implementation may be presented to a court with jurisdiction; neither spouse is promised automatic contempt, attorney's fees, or an award merely by alleging breach. Maryland law governs this Agreement. If a provision cannot be enforced, the others remain effective to the extent consistent with any court order and the children's best interests.

The spouses have read the completed Agreement and Schedules A through [LETTER], believe their disclosures are accurate, and sign voluntarily.

Spouse A signature: __________________________ Date: [__/__/____]

Printed name: [SPOUSE A FULL NAME]

Spouse B signature: __________________________ Date: [__/__/____]

Printed name: [SPOUSE B FULL NAME]

Schedules attached and signed or initialed by both spouses: ☐ A Assets ☐ B Debts ☐ C Personal property ☐ D Parenting schedule ☐ E Child support guidelines worksheet ☐ Other: [LIST].