MARITAL SETTLEMENT AGREEMENT

(New Jersey – Comprehensive Form)

[// GUIDANCE: This template is drafted for use in New Jersey (“NJ”) dissolutions and is intended to be incorporated, but not merged, into the Final Judgment of Divorce (“FJOD”). Counsel must tailor all bracketed placeholders, schedules, and optional provisions to the parties’ facts and confirm current statutory guideline figures before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
    3.1 Divorce & Incorporation
    3.2 Custody & Parenting Time
    3.3 Child Support
    3.4 Spousal Support (Alimony)
    3.5 Equitable Distribution of Property
    3.6 Retirement Assets & QDROs
    3.7 Liabilities Allocation
    3.8 Insurance & Benefits
    3.9 Tax Matters
    3.10 Higher-Education & Extracurricular Expenses
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 Title and Parties

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

• [LEGAL NAME OF SPOUSE A], [Spouse A], residing at [ADDRESS]; and
• [LEGAL NAME OF SPOUSE B], [Spouse B], residing at [ADDRESS]
(each, a “Party,” and collectively, the “Parties”).

1.2 Recitals

A. The Parties were married on [MARRIAGE DATE] in [CITY, STATE].
B. Irreconcilable differences have arisen and an action for divorce is pending in the Superior Court of New Jersey, Chancery Division, Family Part, [COUNTY] County, Docket No. [DOCKET NO.] (the “Divorce Action”).
C. The Parties desire to settle fully and finally all issues arising out of their marriage, including but not limited to custody, support, equitable distribution, and any other rights or obligations, in accordance with New Jersey law.
D. In consideration of the mutual promises herein and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows.

1.3 Jurisdiction & Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, including N.J. Stat. Ann. §§ 2A:34-23 (support/alimony), 9:2-4 (custody), and applicable court rules. The Superior Court of New Jersey, Chancery Division, Family Part, [COUNTY] County (the “Family Court”) shall retain exclusive jurisdiction to interpret and enforce this Agreement.

2. DEFINITIONS

[// GUIDANCE: Delete terms not used; add additional as required.]

“Alimony” means spousal support as provided under Section 3.4.
“Child” or “Children” means the Parties’ minor child(ren):
• [CHILD NAME], born [DOB]; [repeat as necessary].
“Child Support” means financial support for the Children as set forth in Section 3.3.
“Equitable Distribution” means the allocation of marital property pursuant to Section 3.5.
“Marital Assets” means any and all property, tangible or intangible, deemed marital under New Jersey law.
“QDRO” means a qualified domestic relations order compliant with § 414(p) of the Internal Revenue Code.

3. OPERATIVE PROVISIONS

3.1 Divorce & Incorporation into Judgment

3.1.1 The Parties shall cooperate to obtain an uncontested Final Judgment of Divorce (“FJOD”) on the ground of irreconcilable differences.
3.1.2 This Agreement shall be incorporated, but not merged, into the FJOD, thereby surviving as an independent contract enforceable by the Family Court.

3.2 Custody & Parenting Time

3.2.1 Legal Custody. The Parties shall share joint legal custody of the Children consistent with N.J.S.A. § 9:2-4, each retaining full access to educational, medical, and religious records.
3.2.2 Physical Custody & Parenting Schedule.
[PLACEHOLDER – insert detailed parenting-time schedule, holiday rotation, transportation responsibilities, and right of first refusal.]
3.2.3 Decision-Making Protocol. Major decisions (education, medical, extracurricular) require mutual consent. If impasse persists beyond [X] days, the Parties shall mediate before seeking judicial relief.
3.2.4 Relocation. Neither Party shall relocate a Child out of New Jersey or more than [MILES] miles from [CURRENT COUNTY] without written consent or court order, per N.J.S.A. § 9:2-2.
3.2.5 Right to Information. Each Party shall be listed as an emergency contact and receive duplicate notices from schools, healthcare providers, and activity organizers.

3.3 Child Support

3.3.1 Guideline Calculation. Child Support is calculated under the New Jersey Child Support Guidelines, R. 5:6A & App. IX, attached as Schedule A. As of the Effective Date, [OBLIGOR] shall pay to [OBLIGEE] $[AMOUNT] per week via the New Jersey Family Support Payment Center, commencing [DATE].
3.3.2 Cost-of-Living Adjustment (“COLA”). Support shall be subject to automatic biennial COLA, per N.J.S.A. § 2A:17-56.9a.
3.3.3 Health Insurance. [OBLIGOR/OBLIGEE] shall maintain primary medical/dental/vision coverage for the Children. Unreimbursed health expenses shall be allocated [PERCENTAGE] (%)/[PERCENTAGE] (%) per Appendix IX-A considerations.
3.3.4 Modification. Child Support may be modified upon substantial change in circumstances or emancipation, pursuant to N.J.S.A. § 2A:17-56.23a.

3.4 Spousal Support (Alimony)

3.4.1 Type & Duration. The Parties agree to [open durational / limited duration for ___ years]* alimony pursuant to N.J.S.A. § 2A:34-23(b).
3.4.2 Amount & Payment. [PAYOR] shall pay $[AMOUNT] per [week/month] commencing [DATE] via Probation Division wage garnishment unless otherwise agreed in writing.
3.4.3 Termination Events. Alimony shall terminate upon the earliest of:
(a) death of either Party;
(b) remarriage of Recipient; or
(c) cohabitation as defined in N.J.S.A. § 2A:34-23(n) following procedural safeguards of R. 5:5-6.
3.4.4 Review. Either Party may seek review upon involuntary unemployment lasting > [6] consecutive months or other substantial change in circumstances.

3.5 Equitable Distribution of Property

3.5.1 General Principle. The Parties acknowledge that New Jersey is an equitable distribution state. All Marital Assets and liabilities have been disclosed on the Case Information Statements (“CIS”) exchanged [DATE].
3.5.2 Real Property.
(a) Marital Residence located at [ADDRESS] shall be:
[ ] Sold on or before [DATE] with net proceeds (after customary costs) divided [PERCENT] to Spouse A / [PERCENT] to Spouse B; or
[ ] Transferred to [Spouse] via quitclaim; that Spouse shall refinance within [MONTHS] to remove the other from all mortgage liability.
3.5.3 Personal Property. Household goods, vehicles, and tangible personalty allocated per Schedule B. Title transfers to be completed within 30 days.
3.5.4 Bank & Investment Accounts. Accounts listed in Schedule C shall be divided as indicated therein by direct rollover or trustee-to-trustee transfer to preserve tax-qualified status.
3.5.5 Business Interests. The marital value of [BUSINESS NAME] has been appraised at $[VALUE], and [Spouse] shall buy out the other’s interest for $[AMOUNT] payable [lump-sum/installments].
3.5.6 Equalization Payment. To achieve equitable distribution, [Spouse] shall pay to [Spouse] an equalization payment of $[AMOUNT] by [DATE] secured by [lien/COBRA/cash escrow].

3.6 Retirement Assets & QDROs

3.6.1 Division. Retirement accounts (401(k), pensions, IRAs) shall be divided pursuant to the percentages in Schedule D via QDRO prepared by [DRAFTER] within 45 days; both Parties shall cooperate and share equally any QDRO fees.
3.6.2 Surviving Spouse Rights. To the extent permissible, [Alternate Payee] shall be designated as a survivor beneficiary under any defined-benefit plan up to his/her allocated share.

3.7 Liabilities Allocation

3.7.1 Marital Debts. Debts listed in Schedule E shall be paid or held harmless as allocated therein.
3.7.2 Indemnity. Each Party shall indemnify and hold harmless the other from any liability, loss, or cost (including reasonable attorney fees) arising from debts allocated to the indemnifying Party.

3.8 Insurance & Benefits

3.8.1 Life Insurance. Each Party shall maintain life insurance with a death benefit of at least $[AMOUNT] designating the other Party, in trust for the Children, as beneficiary until the later of emancipation or completion of alimony obligations.
3.8.2 Health Insurance for Spouse. [Recipient] may elect COBRA continuation coverage at his/her own cost for the maximum statutory period.
3.8.3 Auto & Homeowners Insurance. Policies shall be maintained on all vehicles and real property until titled/possessed by the allocating Party.

3.9 Tax Matters

3.9.1 Filing for Current Tax Year. The Parties shall file [jointly/separately] for tax year [YEAR]. Any refund or liability shall be shared [PERCENTAGE] / [PERCENTAGE].
3.9.2 Dependency Exemptions. The Parties shall alternate claiming the Children as dependents, with [Spouse] claiming in [EVEN/ODD] tax years, contingent on satisfaction of IRS support tests.
3.9.3 Deductibility of Alimony. The Parties acknowledge that for divorces finalized post-12/31/2018, alimony is non-deductible and non-includable under 26 U.S.C. § 11051 of the Tax Cuts and Jobs Act.

3.10 Higher-Education & Extracurricular Expenses

[OPTION 1 – Fixed Allocation] Each Party shall contribute [PERCENTAGE]% of tuition, room, board, books, and mandatory fees, net of scholarships and the Child’s contributions.
[OPTION 2 – Cap] Parental contribution shall not exceed the in-state tuition and fees of Rutgers University for the applicable year.
Extracurricular expenses exceeding $[THRESHOLD] annually require mutual consent and shall be shared [PERCENTAGE]/[PERCENTAGE].

4. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party warrants having made full, fair, and accurate disclosure of all assets, liabilities, income, and expenses.
4.2 Independent Counsel. Each Party acknowledges the right to independent legal advice and either has received such advice or knowingly waives it.
4.3 No Undue Influence. The Agreement is entered into freely, voluntarily, and without duress or undue influence.

5. COVENANTS & RESTRICTIONS

5.1 Future Cooperation. The Parties shall execute any instruments reasonably necessary to effectuate this Agreement, including deeds, titles, and QDROs.
5.2 Confidentiality & Non-Disparagement. The Parties shall refrain from disparaging the other before the Children or third parties and shall keep financial terms confidential except as required by law or for tax, financial, or legal advice.
5.3 Parenting Cooperation. The Parties shall communicate respectfully through [method, e.g., text/app/parenting coordinator] limited to child-related matters.

6. DEFAULT & REMEDIES

6.1 Notice & Cure. A Party alleging default shall provide written notice specifying the breach. The breaching Party shall have 10 business days (monetary default) or 30 calendar days (non-monetary default) to cure.
6.2 Remedies. Upon uncured default, the non-breaching Party may seek:
(a) enforcement through the Family Court;
(b) wage garnishment or execution against Marital Assets (liability cap per Section 7.2);
(c) reimbursement of reasonable attorney fees and court costs.
6.3 Interim Relief. Nothing herein limits a Party’s right to seek emergent relief (e.g., temporary restraints or enforcement of litigant’s rights) under R. 1:10-3.

7. RISK ALLOCATION

7.1 Mutual Indemnification. Subject to Section 7.2, each Party (the “Indemnitor”) shall indemnify, defend, and hold harmless the other Party (the “Indemnitee”) from any claim, judgment, cost, or expense arising from Indemnitor’s breach or allocated debts.
7.2 Liability Cap. The Indemnitor’s aggregate liability under this Agreement shall not exceed the value of the Indemnitor’s share of Marital Assets as allocated herein.
7.3 Force Majeure. Performance obligations (excluding monetary payments) shall be tolled for events beyond reasonable control (e.g., natural disasters, government orders, pandemic) for the duration of the event plus a reasonable recovery period.

8. DISPUTE RESOLUTION

8.1 Primary Forum. The Family Court shall have exclusive and continuing jurisdiction over all matters herein.
8.2 Mediation Requirement. Except for emergent matters (custody, domestic violence), the Parties shall attempt mediation with a qualified mediator prior to filing any post-judgment motion.
8.3 Arbitration (Limited). Property or financial disputes only may, by mutual written consent, be submitted to binding arbitration under the New Jersey Alternative Procedure for Dispute Resolution Act, N.J.S.A. §§ 2A:23A-1 et seq.; custody and child support issues are statutorily non-arbitrable.
8.4 Injunctive Relief. Each Party reserves the right to seek restraining orders under the Prevention of Domestic Violence Act, N.J.S.A. §§ 2C:25-17 et seq.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment shall be effective unless in a writing signed by both Parties and approved by the Family Court. Waiver of any provision on one occasion shall not constitute waiver on any other occasion.
9.2 Assignment. Rights and obligations hereunder are personal and non-assignable, except that either Party may assign rights to receive payments to a trust for the Children.
9.3 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permissible, and the court may reform the invalid provision to reflect the Parties’ intent.
9.4 Entire Agreement. This Agreement constitutes the entire understanding between the Parties, superseding all prior oral or written agreements.
9.5 Successors & Assigns. This Agreement shall bind and inure to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.
9.6 Counterparts & Electronic Signatures. This Agreement may be executed in multiple counterparts, each deemed an original. Signatures delivered by facsimile, PDF, or secure electronic signature platform shall be valid and binding.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Marital Settlement Agreement as of the Effective Date first written above.

Acknowledgment

STATE OF NEW JERSEY
COUNTY OF ____

On this ___ day of _, 20, before me, the undersigned Notary Public, personally appeared ______, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to this instrument, and acknowledged that he/she executed the same for the purposes therein contained.

Notary Public
My Commission Expires: ____

SCHEDULES (Attach as Needed)

• Schedule A – Child Support Guidelines Worksheet
• Schedule B – Personal Property Allocation
• Schedule C – Bank & Investment Accounts Division
• Schedule D – Retirement Assets & Percentages
• Schedule E – Liabilities Allocation

[// GUIDANCE: Add additional schedules (e.g., Business Valuation Report, Real Estate Appraisal) if required for court submission.]