MARITAL SETTLEMENT AGREEMENT

(Nevada)

[// GUIDANCE: This template is designed for use in Nevada family-court proceedings to incorporate a comprehensive settlement of all marital rights and obligations. Review carefully and customize all bracketed sections before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
      3.1 Division of Community and Separate Property
      3.2 Allocation of Debts and Liabilities
      3.3 Spousal Support (Alimony)
      3.4 Child Custody and Parenting Plan
      3.5 Child Support and Related Expenses
      3.6 Tax Matters
      3.7 Insurance
      3.8 Name Restoration
4. Representations and Warranties
5. Covenants and Restrictions
6. Default and Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title

MARITAL SETTLEMENT AGREEMENT (the “Agreement”)

1.2 Parties

This Agreement is entered into by and between:

(a) [PETITIONER FULL LEGAL NAME], Nevada Resident, Social Security No. *--[LAST 4], (“Petitioner”); and

(b) [RESPONDENT FULL LEGAL NAME], Nevada Resident, Social Security No. *--[LAST 4], (“Respondent”)

Each a “Party” and, collectively, the “Parties.”

1.3 Recitals

A. The Parties were lawfully married on [MARRIAGE DATE] in [CITY, STATE];
B. An action for dissolution of marriage is pending in the [DISTRICT] Court, Family Division, County of [COUNTY], State of Nevada, Case No. [CASE NUMBER] (the “Action”);
C. The Parties desire to resolve all issues of property division, support, custody, and any other marital rights or obligations, and to memorialize their agreement herein;
D. The consideration for this Agreement includes the mutual promises and covenants contained herein and the Parties’ reliance thereon.

1.4 Effective Date

This Agreement shall become effective on the date it is executed by the last-signing Party (the “Effective Date”) and, upon court approval, shall be incorporated but not merged into any decree of divorce in the Action.

1.5 Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the domestic-relations laws of the State of Nevada, including NRS 125.150 (property and alimony) and NRS Chapter 125C (custody), without regard to conflict-of-law principles. The Family Division of the Eighth Judicial District Court (or any successor Nevada family court of competent jurisdiction) shall retain exclusive jurisdiction over matters arising hereunder.

2. DEFINITIONS

[// GUIDANCE: Modify or add terms as necessary.]

“Child(ren)” means the Parties’ minor child(ren):
• [CHILD 1 FULL NAME], born [DOB]
• [CHILD 2 FULL NAME], born [DOB]
(collectively, the “Children”).

“Community Property” means any property acquired during the marriage not otherwise qualifying as Separate Property, as defined by NRS 123.220.

“Separate Property” means property owned by either Party before marriage, or acquired during marriage by gift, bequest, devise, descent, or after the date of separation using separate funds and properly traced.

“Parenting Plan” means the detailed custodial schedule and decision-making protocol attached hereto as Exhibit A.

“Spousal Support” has the meaning set forth in Section 3.3.

“Court” means the Nevada family court presiding over the Action.

3. OPERATIVE PROVISIONS

3.1 Division of Community and Separate Property

3.1.1 Equal Division Principle. Consistent with NRS 125.150(1)(b), the Parties acknowledge an equal division of Community Property unless expressly waived or otherwise provided herein.

3.1.2 Asset Allocation. Exhibit B lists all Community Property and designates which Party shall receive each asset. Title to such assets shall vest in the designated Party free and clear of any claim by the other, subject to the warranties in Article 4.

3.1.3 Real Property.
(a) Residence. The marital residence located at [PROPERTY ADDRESS] shall be [sold/awarded to PARTY] on or before [DATE], with net proceeds (after customary costs of sale) to be distributed [50/50 OR OTHER] between the Parties.
(b) Transfer Documents. The Parties shall execute and deliver any deed, affidavit of value, or other instrument necessary to effectuate the transfers contemplated herein.

3.1.4 Retirement and Deferred Compensation. Each Party shall retain the retirement or deferred-compensation accounts listed under his or her name in Exhibit B. Where division is required, a Qualified Domestic Relations Order (“QDRO”) compliant with applicable plan rules and 26 U.S.C. § 414(p) shall be prepared by [NAME OF QDRO DRAFTER] at [PARTY RESPONSIBLE]’s expense.

3.1.5 Personal Property. Tangible personal property shall be divided as detailed in Exhibit C. Any property not specifically allocated shall belong to the Party currently in possession, absent written agreement otherwise.

3.1.6 Omitted Assets. Any Community Property omitted from this Agreement shall be subject to equal division, unless the Parties otherwise agree in writing or the Court orders otherwise.

3.2 Allocation of Debts and Liabilities

3.2.1 Community Debts. Exhibit D identifies all known community debts. Each Party shall be solely responsible for the debts allocated to him or her and shall indemnify the other pursuant to Section 7.1.

3.2.2 Undisclosed Debts. Any community debt incurred before the Effective Date that is not listed in Exhibit D shall be the equal responsibility of the Parties unless the Court orders otherwise.

3.2.3 Hold-Harmless. Each Party shall hold the other harmless from any claim, collection effort, or judgment arising out of the debts allocated to such Party.

3.3 Spousal Support (Alimony)

3.3.1 Agreement. Under NRS 125.150(1)(a), [Petitioner/Respondent/Neither] shall pay Spousal Support to [other Party] in the amount of $[AMOUNT] per month, commencing on [START DATE] and continuing until the earliest of:
(a) [END DATE];
(b) remarriage of the payee;
(c) death of either Party; or
(d) further court order.

3.3.2 Modifiability. Except as to accrued arrearages, Spousal Support may [be / not be] modified upon a substantial change of circumstances under NRS 125.150(8).

3.3.3 Security. The payor shall maintain life insurance per Section 3.7.2 to secure the remaining spousal-support obligation.

3.4 Child Custody and Parenting Plan

3.4.1 Legal Custody. The Parties shall share joint legal custody, consistent with the presumption in NRS 125C.0015.

3.4.2 Physical Custody. Physical custody shall be [joint physical / primary to [PARTY]], with parenting time allocated in Exhibit A and any holiday schedule therein.

3.4.3 Best-Interest Findings. The Parties acknowledge that this arrangement serves the Children’s best interests, considering the factors enumerated in NRS 125C.0035(4).

3.4.4 Relocation. Any proposed relocation of the Children outside the State of Nevada is subject to NRS 125C.006 and requires written consent of the other Party or court approval.

3.4.5 Decision-Making. Day-to-day decisions shall be made by the parent then exercising physical custody. Major decisions (education, non-emergency medical, religion) require joint consultation and agreement.

3.4.6 Dispute-Resolution Protocol. Custody disputes shall first be mediated under Section 8.3 prior to court filing, unless emergency relief is required.

3.5 Child Support and Related Expenses

3.5.1 Base Child Support. Pursuant to NRS 125B.070–.080 and the Nevada Child Support Guidelines effective February 1, 2020, [PAYING PARTY] shall pay $[AMOUNT] per month, per child, for a total monthly obligation of $[TOTAL AMOUNT], payable on the [DAY] of each month via wage withholding or the State Collection and Distribution Unit, commencing [DATE].

[// GUIDANCE: Calculate guideline support based on each Party’s gross monthly income and the custody schedule.]

3.5.2 Adjustments. Child support shall adjust automatically in January of each year based on the eldest Child’s age bracket under the Guidelines and shall terminate with respect to each Child upon emancipation per NRS 129.080.

3.5.3 Medical Support. Each Party shall maintain health-insurance coverage for the Children if available at reasonable cost. Uninsured medical, dental, orthodontic, vision, or mental-health expenses shall be shared [pro rata by income / 50-50], with reimbursement within 30 days of receipt of documentation.

3.5.4 Child-Care Costs. Work-related child-care expenses shall be allocated [pro rata / 50-50]; the paying Party shall reimburse the other within 14 days of receipt of proof of payment.

3.5.5 Tax Dependency Exemption. Unless the IRS rules otherwise, the Parties shall alternate claiming the Children as dependents for federal and state taxation as follows: [SPECIFY ALLOCATION]. The claiming Party must be current on support to claim.

3.6 Tax Matters

3.6.1 Filing Status. The Parties shall file [jointly/separately] for tax year [YEAR] if legally permissible and mutually advantageous. Any joint refunds or liabilities shall be divided [50-50 OR OTHER].

3.6.2 Indemnity. Each Party shall indemnify the other from any tax liability arising from his or her post-separation individual filings.

3.7 Insurance

3.7.1 Health Insurance. See Section 3.5.3 (Children) and Section 3.3.3 (Spousal Support security).

3.7.2 Life Insurance. The Spousal Support payor shall maintain a term policy with a death benefit of at least the present value of remaining Spousal Support, naming the payee as irrevocable beneficiary until the obligation terminates.

3.7.3 Property Insurance. The Party retaining any real property shall maintain standard hazard insurance and name the other Party as additional loss payee until any equalization payment is satisfied.

3.8 Name Restoration

Upon entry of a decree of divorce, [PARTY] may resume the use of his/her former legal name: [FORMER NAME].

4. REPRESENTATIONS AND WARRANTIES

4.1 Full Disclosure. Each Party represents that he or she has made a full, complete, and accurate disclosure of all assets, liabilities, income, and expenses.

4.2 Authority. Each Party has full legal right and authority to enter into this Agreement and to convey the property herein described.

4.3 No Undue Influence. Each Party represents that this Agreement is executed voluntarily, without duress, coercion, or undue influence, and after consultation with independent legal counsel or a knowing waiver thereof.

4.4 Survival. The representations and warranties in this Article 4 shall survive execution and court approval of this Agreement.

5. COVENANTS AND RESTRICTIONS

5.1 Further Assurances. Each Party shall execute any additional instruments reasonably necessary to carry out the terms of this Agreement, including deeds, titles, QDROs, or tax forms.

5.2 Confidentiality of Financial Data. Except as required by law or court order, the Parties shall keep confidential the other’s non-public financial information obtained in connection with this Agreement.

5.3 Non-Disparagement. The Parties shall refrain from disparaging the other in the presence of the Children or on social media, recognizing the Children’s best interests.

5.4 Notice of Change in Address or Employment. Within ten (10) days of any change, a Party shall provide written notice to the other Party and the Court of new residential address, telephone number, or employer.

6. DEFAULT AND REMEDIES

6.1 Events of Default. A Party’s failure to perform any material obligation, including timely payment of support or failure to transfer property per Section 3.1, constitutes a default.

6.2 Notice and Cure. The non-defaulting Party shall provide written notice specifying the default; the defaulting Party shall have ten (10) business days to cure monetary defaults and thirty (30) calendar days to cure non-monetary defaults, unless shortening is necessary to protect the welfare of the Children.

6.3 Remedies.
(a) Specific performance, contempt, wage/garnishment, or other equitable relief available under Nevada law;
(b) Monetary damages limited to actual losses and attorney fees under Section 6.4;
(c) For custody violations, compensatory parenting time and such relief as provided by NRS 125C.020(3).

6.4 Attorney Fees and Costs. The prevailing Party in any enforcement action shall be awarded reasonable attorney fees and costs, subject to the Court’s discretion under NRS 125.150(4).

7. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from and against any claim, debt, liability, or expense, including reasonable attorney fees, arising out of:
(a) the Indemnifying Party’s breach of this Agreement; or
(b) any debt or obligation allocated to the Indemnifying Party in Exhibit D.

7.2 Limitation of Liability. The Parties’ aggregate liability to one another under this Agreement shall not exceed the value of their respective allocated marital assets as set forth in Exhibit B, except for intentional misconduct or willful concealment of assets.

7.3 Force Majeure. Non-performance caused by acts of God, war, pandemic-related court closures, or similar events beyond a Party’s reasonable control shall not constitute a default, provided the affected Party gives prompt written notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Continuing Court Jurisdiction. The Court retains exclusive jurisdiction to interpret and enforce this Agreement, except as expressly provided in Sections 8.2 and 8.3.

8.2 Limited Arbitration. Property or financial disputes (excluding custody or child support) arising more than one (1) year after the decree may, by mutual written consent, be submitted to binding arbitration under NRS 38.206 et seq.; judgment may be entered on any award in state family court.

8.3 Mediation Requirement. Except for emergencies or criminal matters, the Parties shall mediate any dispute concerning custody or parenting time with a Nevada-licensed mediator before filing a motion with the Court.

8.4 Injunctive Relief. Nothing herein limits either Party’s right to seek temporary protective orders, domestic-violence restraining orders, or other injunctive relief pursuant to NRS 33.018.

9. GENERAL PROVISIONS

9.1 Entire Agreement. This Agreement (including Exhibits) constitutes the entire understanding between the Parties and supersedes all prior oral or written agreements.

9.2 Amendments. No amendment shall be valid unless in writing, signed by both Parties, and approved by the Court if required.

9.3 Waivers. A waiver of any breach shall not be deemed a waiver of subsequent breaches.

9.4 Assignment. The rights and obligations of the Parties are personal and may not be assigned, except as to monetary payments to heirs or estates upon death.

9.5 Severability. If any provision is held invalid, the remaining provisions shall continue in full force, and the invalid provision shall be reformed to the minimum extent necessary to achieve its intent within legal limits.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original. Signatures transmitted electronically (PDF, facsimile, or e-signature compliant with NRS 719.100 et seq.) shall be deemed original.

9.7 Successors and Assigns. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, and permitted assigns.

9.8 Interpretation. Both Parties have had the opportunity to review this Agreement with counsel; therefore, no rule of strict construction shall apply against either Party.

10. EXECUTION BLOCK

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

NOTARIZATION

State of Nevada )
County of [___] ) ss.

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

Notary Public: ____
My Commission Expires: __

(Repeat acknowledgment for Respondent.)

EXHIBIT A – PARENTING PLAN

[Detailed weekly schedule; holiday rotations; transportation logistics; communication protocols; right of first refusal; dispute-resolution steps.]

EXHIBIT B – ASSET ALLOCATION SCHEDULE

[List of real property, vehicles, bank accounts, brokerage accounts, retirement accounts, business interests, personal property, etc., indicating which Party receives each asset and any equalization payment due.]

EXHIBIT C – PERSONAL PROPERTY ALLOCATION

[Inventory of furniture, electronics, collectibles, etc., with allocation or agreement on disposition.]

EXHIBIT D – DEBT ALLOCATION SCHEDULE

[Creditor name, account number (last four digits), principal balance as of [DATE], responsible Party, payment due dates, and any indemnity provisions.]

[// GUIDANCE: Attach additional exhibits or schedules (e.g., QDRO drafts, trust deeds) if necessary. Ensure all cross-references match final numbering after customization.]