MARITAL SETTLEMENT AGREEMENT

(State of Maryland)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
    3.1 Property Division
    3.2 Spousal Support (Alimony)
    3.3 Child Custody & Parenting Plan
    3.4 Child Support
    3.5 Insurance & Benefits
    3.6 Taxes
    3.7 Retirement & Deferred Compensation
    3.8 Real Property Disposition
    3.9 Personal Property & Vehicles
    3.10 Debts & Liabilities
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 Parties

This Marital Settlement Agreement (“Agreement”) is entered into by and between [SPOUSE A FULL LEGAL NAME], residing at [ADDRESS] (“Spouse A”), and [SPOUSE B FULL LEGAL NAME], residing at [ADDRESS] (“Spouse B,” and together with Spouse A, the “Parties,” and each individually, a “Party”).

1.2 Recitals

A. The Parties were lawfully married on [DATE] in [CITY, STATE] (“Marriage”).
B. Irreconcilable differences have caused the irremediable breakdown of the Marriage, and the Parties separated on [DATE] (“Date of Separation”).
C. The Parties desire to settle fully and finally all property, support, custodial, and other rights and obligations arising out of the Marriage.
D. The Parties intend that this Agreement be incorporated but not merged into any final Judgment of Absolute Divorce issued by the [NAME OF COUNTY] Circuit Court for Maryland (the “Court”) pursuant to Md. Code Ann., Fam. Law § 8-101 et seq.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows.

[// GUIDANCE: Adjust recital language if Agreement will merge into the Judgment rather than incorporate but not merge.]

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Defined terms appear in alphabetical order.

“Agreement” – this Marital Settlement Agreement, including all schedules and exhibits.
“Child(ren)” – the Parties’ minor child(ren): [NAME(S) & DATE(S) OF BIRTH].
“Court” – the Circuit Court for [COUNTY], State of Maryland, Family Division.
“Custodial Parent” – the parent with whom the Child(ren) reside(s) the majority of overnights pursuant to Section 3.3.
“Date of Separation” – as defined in Recital B.
“Effective Date” – the later of (i) the date last signed below or (ii) [INSERT].
“Marital Property” – all property defined as such under Md. Code Ann., Fam. Law § 8-201(e).
“Parenting Plan” – the schedule and decision-making protocol set forth in Section 3.3.
“Separate Property” – property excluded from Marital Property under Md. Code Ann., Fam. Law § 8-201(e)(3).

3. OPERATIVE PROVISIONS

3.1 Property Division

3.1.1 Identification. Schedule A identifies all Marital Property; Schedule B identifies all Separate Property.
3.1.2 Equalization. The Parties agree to an [EQUAL / UNEQUAL] division such that Spouse A shall receive assets with a net value of $[VALUE], and Spouse B shall receive assets with a net value of $[VALUE].
3.1.3 Transfers. Within [XX] days after the Effective Date, each Party shall execute all instruments reasonably necessary to effectuate the transfers contemplated herein, including but not limited to deeds, titles, and beneficiary designations.
3.1.4 Survivor Waiver. Each Party waives any elective share, dower, curtesy, or statutory spousal share in the estate of the other arising after the Effective Date.

[// GUIDANCE: Maryland does not follow community-property rules; ensure equitable distribution factors have been considered when customizing § 3.1.]

3.2 Spousal Support (Alimony)

3.2.1 Type. The Parties agree that alimony shall be [NONE / REHABILITATIVE / INDEFINITE] pursuant to Md. Code Ann., Fam. Law § 11-101.
3.2.2 Amount & Duration. Spouse [PAYOR] shall pay Spouse [PAYEE] $[AMOUNT] per month, commencing [DATE], for [TERM OR EVENT OF TERMINATION].
3.2.3 Modifiability. Alimony shall be [NON-MODIFIABLE / MODIFIABLE] in accordance with Md. Code Ann., Fam. Law § 11-107.
3.2.4 Security. Payor shall maintain a life insurance policy of [AMOUNT] naming Payee as irrevocable beneficiary for the duration of the alimony term.

3.3 Child Custody & Parenting Plan

3.3.1 Legal Custody. The Parties shall share [JOINT / SOLE] legal custody of the Child(ren). Major decisions shall be made [JOINTLY / BY CUSTODIAL PARENT].
3.3.2 Physical Custody. The Parenting Plan attached as Schedule C sets forth the residential schedule.
3.3.3 Right of First Refusal. If either parent is unavailable for [X] consecutive hours, the other parent shall have the first right to provide care.
3.3.4 Relocation. Neither parent may relocate the Child(ren)’s primary residence more than [XX] miles without 90-days’ written notice and either written consent of the other parent or Court approval.
3.3.5 Dispute-Resolution Protocol. Custody disputes shall first be mediated by a mutually agreed Maryland-certified mediator prior to court filing.

[// GUIDANCE: Maryland’s “best interests of the child” standard governs; ensure Parenting Plan serves that standard.]

3.4 Child Support

3.4.1 Guidelines. Child support shall be calculated under the Maryland Child Support Guidelines, Md. Code Ann., Fam. Law §§ 12-201 et seq., based on the following inputs:
 a. Spouse A gross monthly income: $[AMT]
 b. Spouse B gross monthly income: $[AMT]
 c. Work-related child-care costs: $[AMT]
 d. Health insurance premium attributable to Child(ren): $[AMT]
 e. Extraordinary medical/educational expenses: $[AMT]
3.4.2 Obligation. Effective [DATE], Spouse [OBLIGOR] shall pay Spouse [OBLIGEE] $[AMT] per month in child support until each Child emancipates pursuant to Md. Code Ann., Fam. Law § 13-101.
3.4.3 COLA Clause. The support amount shall adjust annually on [DATE] by the percentage change in the CPI-U for the Baltimore-Columbia-Towson, MD area.
3.4.4 Direct Pay or Wage Withholding. Payments shall be [DIRECTLY / THROUGH WAGE WITHHOLDING] and through the Maryland Child Support Administration unless the Parties agree otherwise in writing.
3.4.5 Tax Dependency Exemptions. For each tax year [YEAR(S)], Spouse [NAME] may claim [CHILD NAME(S)] as dependent(s) provided that child-support obligations are current as of December 31 of the applicable year.

3.5 Insurance & Benefits

a. Health/Dental/Vision: Spouse [RESPONSIBLE PARTY] shall maintain comprehensive coverage for the Child(ren). Unreimbursed expenses in excess of insurance shall be shared [PRO-RATA / 50-50].
b. COBRA/State Continuation: Spouse [NON-EMPLOYEE] may elect continuation coverage at own expense.
c. Life Insurance: Each Party shall maintain life insurance of not less than $[AMT] naming the Child(ren) as primary beneficiaries.

3.6 Taxes

a. Filing Status Pre-Divorce: The Parties shall file [JOINT / SEPARATE] returns for tax year [YEAR].
b. Liability: Any tax, interest, or penalties arising from joint returns shall be borne [EQUALLY / AS FOLLOWS …].
c. Cooperation: The Parties shall exchange tax documents reasonably requested for return preparation.

3.7 Retirement & Deferred Compensation

a. Qualified Plans: Division shall occur by Qualified Domestic Relations Order (“QDRO”). [PLAN NAME] shall be divided [PERCENTAGE / DOLLAR] to alternate payee.
b. Non-Qualified Plans: Transfer pursuant to Internal Revenue Code § 1041.

3.8 Real Property Disposition

a. Marital Home: Located at [ADDRESS] (“Marital Home”).
 i. Disposition: [SALE / TRANSFER TO SPOUSE A / ETC.] within [XX] days.
 ii. Net Proceeds: Distributed [PERCENTAGE] to each Party after customary costs.
b. Recording: Deeds shall be prepared by [ATTORNEY] and recorded in [COUNTY] Land Records within [XX] days.

3.9 Personal Property & Vehicles

Division per Schedule D. Title transfers within [XX] days. Each Party shall timely execute MVA forms.

3.10 Debts & Liabilities

a. Known Debts: Allocated per Schedule E.
b. Indemnity: A Party allocated a debt shall indemnify and hold harmless the other from any claim arising therefrom.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Party warrants that he/she is of sound mind, not under duress, and fully able to contract.
4.2 Disclosure. Each Party acknowledges full, fair, and voluntary disclosure of all assets and liabilities.
4.3 No Pending Bankruptcy. Neither Party is presently a debtor in bankruptcy.
4.4 Survival. All warranties survive execution and are not merged into the Judgment of Divorce.

5. COVENANTS & RESTRICTIONS

5.1 Mutual Cooperation. The Parties shall execute all instruments and do all acts reasonably necessary to effectuate this Agreement.
5.2 Non-Disparagement. Each Party shall refrain from disparaging the other in the presence of the Child(ren).
5.3 Parenting App. Parties shall communicate regarding the Child(ren) exclusively through [NAME OF CO-PARENTING APP], except in emergencies.
5.4 Confidentiality. Financial and personal information disclosed in negotiations shall remain confidential except as required by law or Court order.
5.5 Notice. All notices shall be in writing and sent via [E-MAIL / CERTIFIED MAIL] to the addresses set forth in Section 1.1 unless updated by written notice.

6. DEFAULT & REMEDIES

6.1 Events of Default. Failure to perform any monetary or non-monetary obligation after [10] days’ written notice and opportunity to cure constitutes default.
6.2 Remedies.
 a. Specific Performance or Contempt.
 b. Monetary Damages limited to Marital Assets (see § 7.2).
 c. Attorney Fees. The non-defaulting Party is entitled to reasonable attorney fees and costs incurred to enforce this Agreement.
6.3 Cumulative Rights. Remedies are cumulative and not exclusive.

7. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (“Indemnifying Party”) shall indemnify, defend, and hold the other harmless (“Indemnified Party”) from any claims, debts, taxes, or liabilities allocated to the Indemnifying Party herein.

7.2 Limitation of Liability

The aggregate liability of either Party under this Agreement shall not exceed the total net value of that Party’s allocated Marital Assets as of the Effective Date.

7.3 Force Majeure

A Party’s performance is excused to the extent rendered impossible by events beyond reasonable control, including but not limited to natural disasters, war, or government action, provided written notice is given within [5] business days of the event.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by the laws of the State of Maryland without regard to conflict-of-law principles.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the [COUNTY] Circuit Court, Family Division.
8.3 Arbitration. Except for custody, child support, or other matters reserved to the Court by statute, any dispute arising under §§ 3.1 (Property) or 6 (Default) shall, upon written election of either Party, be resolved by binding arbitration pursuant to the Maryland Uniform Arbitration Act, Md. Code Ann., Cts. & Jud. Proc. § 3-201 et seq.
8.4 Jury Waiver. The Parties acknowledge that family-law matters in the Circuit Court are tried without a jury; accordingly, any right to trial by jury is knowingly waived.
8.5 Injunctive Relief. Nothing herein limits either Party’s right to seek temporary or permanent restraining orders to protect persons or property.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment is effective unless in writing and signed by both Parties. No waiver of any breach is deemed a waiver of subsequent breaches.
9.2 Assignment. Rights and obligations are personal and non-assignable, except with prior written consent.
9.3 Successors & Assigns. This Agreement binds and benefits the Parties and their heirs, executors, administrators, and permitted assigns.
9.4 Severability. If any provision is held invalid, the remainder shall be enforced to the maximum extent permitted.
9.5 Integration. This Agreement constitutes the entire understanding and supersedes all prior agreements between the Parties.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original. Signatures transmitted electronically shall be deemed originals.
9.7 Headings. Section headings are for convenience only and do not affect interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.

NOTARY ACKNOWLEDGMENTS

State of Maryland
County of [__]

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [SPOUSE A], known to me (or satisfactorily proven) to be the person whose name is subscribed to this instrument and acknowledged that he/she executed the same for the purposes therein contained.

My Commission Expires: ____

Notary Public

Repeat acknowledgment for Spouse B.

[// GUIDANCE: Maryland generally requires acknowledgment for recordable transfers (e.g., deeds) but does not mandate notarization of settlement agreements; best practice is to notarize for authentication.]

End of Agreement