MARITAL SETTLEMENT AGREEMENT

(State of Maine)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
    3.1 Division of Marital Property
    3.2 Allocation of Marital Debt
    3.3 Spousal Support (Alimony)
    3.4 Parental Rights and Responsibilities (Custody & Visitation)
    3.5 Child Support
    3.6 Insurance & Benefits
    3.7 Tax Matters
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

[// GUIDANCE: The numbering used in this Table of Contents corresponds to the section headings below. Update automatically if you add or remove sections.]

1. DOCUMENT HEADER

This Marital Settlement Agreement (the “Agreement”) is made and entered into effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [FULL LEGAL NAME OF SPOUSE A], residing at [ADDRESS] (“Spouse A”)
• [FULL LEGAL NAME OF SPOUSE B], residing at [ADDRESS] (“Spouse B”)

Collectively the “Parties” and individually a “Party.”

Recitals

A. The Parties were lawfully married on [DATE] in [CITY, STATE].
B. An action for dissolution of marriage is pending in the [COUNTY] Division of the Maine District Court, Docket No. [DOCKET #] (the “Dissolution Action”).
C. The Parties desire to resolve finally and completely all issues arising from their marriage, including property division, debt allocation, spousal support, parental rights and responsibilities, and child support, in accordance with Maine law, including Me. Rev. Stat. Ann. tit. 19-A, §§ 951-A, 953, 1653, and 2001-2067.
D. Good and sufficient consideration supports this Agreement, the receipt and sufficiency of which are hereby acknowledged.

NOW, THEREFORE, in consideration of the mutual covenants herein and intending to be legally bound, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined capitalized terms shall have the meanings given by applicable Maine law.

“Affiliate” means, with respect to either Party, any entity directly or indirectly controlled by or under common control with such Party.

“Child(ren)” means [NAME(S) AND DATE(S) OF BIRTH].

“Marital Assets” means all property subject to equitable distribution under Me. Rev. Stat. Ann. tit. 19-A, § 953.

“Marital Debt” means indebtedness incurred by either Party during the marriage and not characterized as Separate Debt.

“Separate Property” means property excluded from equitable distribution under § 953(2).

[// GUIDANCE: Add or remove definitions to conform to fact pattern. Cross-check each capitalized term for consistency.]

3. OPERATIVE PROVISIONS

3.1 Division of Marital Property

3.1.1 Identification of Marital Assets
(a) Real Property:
 (i) [PRIMARY RESIDENCE ADDRESS] (the “Marital Home”) – deeded joint tenants.
(b) Personal Property: See Schedule A.
(c) Retirement Accounts: See Schedule B.

3.1.2 Allocation of Marital Assets
(a) Spouse A shall receive:
 • [DESCRIPTION]
(b) Spouse B shall receive:
 • [DESCRIPTION]

3.1.3 Disposition of the Marital Home
(a) The Marital Home shall be [SOLD / TRANSFERRED TO SPOUSE A / TRANSFERRED TO SPOUSE B] on or before [DATE].
(b) Net sale proceeds (after customary closing costs, mortgage payoff, and tax adjustments) shall be divided [PERCENTAGE]% to Spouse A / [PERCENTAGE]% to Spouse B.

[// GUIDANCE: Maine follows “equitable,” not necessarily equal, distribution. Document specific rationale if not 50/50 to reduce challenge risk.]

3.2 Allocation of Marital Debt

3.2.1 Joint Debt
(a) [CREDITOR] Ending *[XXXX] – balance $[AMOUNT] – responsibility: [SPOUSE]*.
(b) …

3.2.2 Indemnity
Each Party shall indemnify and hold harmless the other from any claim, cost, or liability arising from the debts allocated to the indemnifying Party.

3.3 Spousal Support (Alimony)

3.3.1 Type of Support
The Parties agree to [GENERAL / TRANSITIONAL / REIMBURSEMENT / NOMINAL / WAIVER] spousal support pursuant to Me. Rev. Stat. Ann. tit. 19-A, § 951-A.

3.3.2 Amount & Duration
Spouse [PAYER] shall pay Spouse [PAYEE] $[AMOUNT] per [WEEK/MONTH], commencing [DATE], and terminating [DATE / UPON EVENT].

3.3.3 Modification & Termination
(a) Automatic termination upon death of either Party or remarriage of Payee.
(b) Modifiable upon substantial change of circumstances as defined by § 951-A(4).

3.4 Parental Rights and Responsibilities

3.4.1 Legal Custody
The Parties shall share [SOLE / JOINT] parental rights and responsibilities consistent with the best-interest factors under § 1653(3).

3.4.2 Primary Residence
The Child(ren)’s primary residence shall be with [SPOUSE].

3.4.3 Parenting Schedule
(a) Weekday/Weekend Schedule: [DETAILS]
(b) Holiday Schedule: [DETAILS]
(c) Vacation Schedule: [DETAILS]

3.4.4 Decision-Making Authority
(a) Day-to-day decisions belong to the parent then exercising contact.
(b) Major decisions (education, non-emergency health, religion) require mutual consent.

[// GUIDANCE: Attach Parenting Plan as Schedule C for court filing.]

3.5 Child Support

3.5.1 Guideline Calculation
Child support shall be determined in accordance with the Maine Child Support Guidelines, Me. Rev. Stat. Ann. tit. 19-A, § 2006, using attached Child Support Worksheet (Schedule D).

3.5.2 Obligation
Spouse [PAYER] shall pay Spouse [PAYEE] $[GUIDELINE AMOUNT] per [WEEK/MONTH] through the Maine Department of Health and Human Services Enforcement Division.

3.5.3 Health Insurance
The parent with access to cost-effective insurance shall maintain coverage and provide proof annually. Uncovered medical, dental, orthodontic, optical, psychological, and extracurricular expenses shall be shared [PERCENTAGE]% Spouse A / [PERCENTAGE]% Spouse B.

3.5.4 Post-Secondary Education
The Parties [affirmatively address / reserve] responsibility for post-secondary expenses.

3.6 Insurance & Benefits

3.6.1 Life Insurance
Each Party shall maintain life insurance with a death benefit of $[AMOUNT], naming the Child(ren) or the other Party in trust as beneficiary until the earliest of (i) the youngest Child reaching 18 or graduating high school, (ii) termination of child support, or (iii) mutual written agreement.

3.6.2 COBRA / State-Continuance
Spouse [OPTION HOLDER] may elect continuation of group health coverage under applicable federal or state law at his/her expense.

3.7 Tax Matters

3.7.1 Filing Status
The Parties [WILL / WILL NOT] file joint income-tax returns for [TAX YEAR].

3.7.2 Dependency Exemption
The Parties shall alternate the federal dependency exemption as follows:
• [YEAR(S)] – Spouse A
• [YEAR(S)] – Spouse B

3.7.3 Indemnification
Each Party indemnifies the other for liabilities arising from the filing position of the indemnifying Party.

4. REPRESENTATIONS & WARRANTIES

4.1 Each Party represents that:
(a) Full and fair disclosure of financial circumstances has been made;
(b) He or she has consulted independent legal counsel or knowingly waived the right to do so;
(c) This Agreement is executed voluntarily, free of duress, undue influence, or fraud;
(d) No undisclosed material asset or liability exists.

4.2 Survival
All representations and warranties shall survive execution and shall not merge into the Final Judgment of Divorce.

5. COVENANTS & RESTRICTIONS

5.1 Post-Decree Cooperation
Each Party shall execute all documents and take all actions reasonably necessary to implement this Agreement.

5.2 Non-Disparagement
The Parties shall refrain from making disparaging remarks about the other in the presence or hearing of the Child(ren).

5.3 Relocation Notice
A Party intending to change the Child(ren)’s primary residence more than [MILES] miles from the current address shall provide [DAYS] days’ prior written notice and otherwise comply with § 1653(14).

6. DEFAULT & REMEDIES

6.1 Events of Default
(a) Failure to pay any sum when due;
(b) Failure to convey or transfer property as required;
(c) Violation of custody or visitation provisions;
(d) Material breach of any covenant herein.

6.2 Notice & Cure
The non-defaulting Party shall give written notice specifying the breach; the defaulting Party shall have [30] days to cure monetary defaults and [15] days to cure non-monetary defaults.

6.3 Remedies
(a) Specific performance;
(b) Contempt proceedings;
(c) Money damages;
(d) Attorney’s fees and costs to prevailing Party.

7. RISK ALLOCATION

7.1 Mutual Indemnification

Subject to Section 7.2, each Party (“Indemnitor”) shall indemnify, defend, and hold the other Party and the Child(ren) (“Indemnitee”) harmless against any loss, liability, claim, cost, or expense (including reasonable attorney’s fees) arising out of or relating to:
(a) Indemnitor’s breach of this Agreement;
(b) Indemnitor’s allocated debts and taxes;
(c) Acts or omissions occurring after the Effective Date.

7.2 Limitation of Liability

Each Party’s aggregate indemnity exposure shall be limited to the value of his or her share of Marital Assets received under this Agreement.

7.3 Force Majeure

A Party’s non-performance is excused to the extent caused by events beyond reasonable control (e.g., natural disaster, act of God, war, pandemic). Payment obligations are not excused.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement shall be governed by and construed under the laws of the State of Maine, without regard to conflicts-of-law principles.

8.2 Forum Selection
The Maine District Court, [COUNTY] Division, shall have exclusive jurisdiction, subject to the continuing jurisdiction of the Family Division in the Dissolution Action.

8.3 Arbitration – Limited Scope
The Parties may, by subsequent written agreement, submit property or spousal-support disputes (but not child-related matters) to binding arbitration pursuant to 14 M.R.S. § 5927 et seq.

8.4 Injunctive Relief
Nothing herein limits a Party’s right to seek emergency or injunctive relief, including protection from abuse orders under 19-A M.R.S. § 4001 et seq.

8.5 Jury Waiver
Family matters in Maine are tried without a jury; nevertheless, to the extent a jury could otherwise be available, each Party knowingly waives such right.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver
This Agreement may be amended only by a written instrument signed by both Parties. Waiver of any provision on one occasion is not a waiver of any other provision or subsequent occasion.

9.2 Assignment
Neither Party may assign rights or delegate duties absent written consent, except as necessary to effectuate property transfers or beneficiary designations.

9.3 Successors & Assigns
This Agreement binds and benefits the Parties and their respective heirs, personal representatives, successors, and permitted assigns.

9.4 Severability
If any provision is invalid or unenforceable, the remaining provisions shall remain in full force, and the court shall reform the invalid provision to the minimum extent necessary to render it enforceable while preserving the Parties’ intent.

9.5 Entire Agreement
This Agreement, including all Schedules, constitutes the entire understanding of the Parties and supersedes all prior oral or written agreements.

9.6 Counterparts; Electronic Signatures
The Agreement may be executed in counterparts, each of which is an original, and all of which together constitute one document. Signatures transmitted electronically (e.g., PDF, DocuSign) are valid and binding.

10. EXECUTION BLOCK

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

Acknowledgment

State of Maine )
County of [COUNTY] ) ss.

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [SPOUSE A NAME], personally known to me or proved to me through satisfactory evidence of identification, and acknowledged that (s)he executed the foregoing instrument for the purposes therein contained.

Notary Public / Attorney at Law
My Commission Expires: ____

(Repeat acknowledgment for Spouse B.)

[// GUIDANCE: Maine permits either notarization or attorney acknowledgment. Confirm local practice in filing county.]

Schedules (Integral Parts of Agreement)

• Schedule A – Personal Property Allocation
• Schedule B – Retirement & Investment Accounts
• Schedule C – Parenting Plan
• Schedule D – Maine Child Support Worksheet
• Schedule E – Life Insurance Policy Declarations

[// GUIDANCE: Attach completed schedules before presenting to court for approval.]

[END OF DOCUMENT]