STIPULATION OF SETTLEMENT

(Comprehensive Divorce Settlement Agreement – State of New York)

[// GUIDANCE: This template is designed for use in uncontested matrimonial actions in New York. It is intentionally expansive to allow tailoring for cases of varying complexity. Practitioners should review and localize all bracketed placeholders, elective clauses, and statutory references before execution and filing. Nothing herein constitutes legal advice.*

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
     3.1 Property Division
     3.2 Spousal Maintenance
     3.3 Parenting Plan & Custody
     3.4 Child Support
     3.5 Insurance & Security for Support
     3.6 Tax Matters
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. Stipulation of Settlement (the “Agreement”).

1.2 Parties. This Agreement is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
  (a) [​FULL LEGAL NAME OF SPOUSE A], residing at [ADDRESS] (“Spouse A”); and
  (b) [​FULL LEGAL NAME OF SPOUSE B], residing at [ADDRESS] (“Spouse B,” and together with Spouse A, the “Parties,” and individually, a “Party”).

1.3 Recitals.
  (a) The Parties were married on [DATE] in [CITY/COUNTY], New York.
  (b) Irreconcilable differences have arisen, and the Parties have elected to resolve all issues arising from their marriage pursuant to New York Domestic Relations Law (“DRL”) §§ 236(B) & 240.
  (c) The Parties intend that this Agreement constitute a full and final settlement of all rights and obligations between them.

1.4 Consideration. The mutual promises, covenants, and releases herein constitute good and valuable consideration, the sufficiency and receipt of which are acknowledged.

1.5 Governing Law & Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles. Any proceeding to enforce or modify this Agreement shall be brought exclusively in the Supreme Court of the State of New York, [COUNTY] County, Matrimonial Term, or such other court of competent jurisdiction (the “Court”).

2. DEFINITIONS

2.1 “Child(ren)” means the Parties’ minor child(ren): [CHILD NAME, DOB]; [ADD ADDITIONAL CHILDREN AS NECESSARY].

2.2 “CSSA” means the Child Support Standards Act codified at DRL § 240(1-b).

2.3 “Equitable Distribution” has the meaning set forth in DRL § 236(B)(5).

2.4 “Marital Property” and “Separate Property” have the meanings assigned in DRL § 236(B)(1).

2.5 “Parenting Time” means the periods during which a Child resides with or is under the supervision of a designated parent.

2.6 Additional defined terms appear in-context or are capitalized throughout this Agreement.

[// GUIDANCE: Add/delete definitions as the matter requires. Ensure all defined terms are capitalized consistently.]

3. OPERATIVE PROVISIONS

3.1 Property Division

3.1.1 Identification of Marital Property. Schedule A annexed hereto itemizes all known Marital Property.

3.1.2 Division Methodology. The Parties acknowledge that New York applies equitable (not equal) distribution. Subject to Court approval, the Parties agree to a [PERCENTAGE] / [PERCENTAGE] division of Net Marital Assets as detailed below.

3.1.3 Marital Residence.
  (a) Property Address: [ADDRESS].
  (b) Disposition: [e.g., sale within X days; buy-out by Spouse A/B].
  (c) Net Proceeds/Liability Allocation: [PERCENTAGE] to Spouse A; [PERCENTAGE] to Spouse B.
  (d) Exclusive Occupancy: [TEMPORARY OCCUPANCY TERMS UNTIL SALE/CLOSING].

3.1.4 Retirement & Pension Assets. Each Party shall retain sole ownership of any pre-marital account balances. Marital portions of retirement assets shall be divided pursuant to Qualified Domestic Relations Orders (“QDROs”) prepared at the Parties’ joint expense and submitted to the Court contemporaneously with the Judgment of Divorce.

3.1.5 Banking & Investment Accounts. Within ten (10) days after the Effective Date, the Parties shall divide all joint accounts in accordance with Schedule B.

3.1.6 Personal Property. Household goods and vehicles shall be allocated as set forth in Schedule C.

3.1.7 Marital Debts. Liabilities listed in Schedule D shall be paid or indemnified as follows: [SPECIFY RESPONSIBILITY & DEADLINES].

3.1.8 Equalizing Payment. If the net distribution results in a disparity greater than $[THRESHOLD], the Party receiving the excess shall make an equalizing payment within thirty (30) days of written notice from the non-receiving Party.

3.2 Spousal Maintenance (Alimony)

3.2.1 Statutory Framework. Maintenance has been considered under DRL § 236(B)(6).

3.2.2 Amount & Duration. Spouse [A/B] shall pay Spouse [B/A] maintenance of $[AMOUNT] per month, commencing on [START DATE] and terminating upon the earliest of:
  (a) [NUMBER] years from the first payment;
  (b) the recipient’s remarriage or cohabitation pursuant to DRL § 248; or
  (c) either Party’s death.

3.2.3 Modification. Maintenance may be modified only upon a showing of substantial change in circumstances as defined by applicable law.

3.2.4 Termination Buy-Out (Optional). At any time, the Payor may elect to satisfy remaining maintenance obligations via lump-sum payment of $[AMOUNT], subject to Court approval.

3.3 Parenting Plan & Custody

3.3.1 Legal Custody. The Parties shall share joint legal custody of the Child(ren), with major decisions made jointly in good faith.

3.3.2 Residential Custody & Parenting Time. Primary residence shall be with [PARENT], and the non-residential parent shall enjoy Parenting Time per Schedule E (the “Parenting Schedule”).

3.3.3 Decision-Making Deadlock. If the Parties cannot reach agreement on a major decision within ten (10) days, they shall first submit the issue to a parenting coordinator; failing resolution, either Party may seek Court intervention.

3.3.4 Relocation. Neither parent shall relocate the Child(ren)’s primary residence more than [RADIUS] miles from [CURRENT CITY] without either written consent of the other parent or Court order.

3.3.5 Holiday & Vacation Schedule. Allocation of holidays and vacations is delineated in Schedule E.

3.3.6 Communication. Each parent shall have reasonable telephonic/video contact with the Child(ren) during the other parent’s parenting time.

[// GUIDANCE: Customize custody provisions mindful of “best interests of the child” standard; attach Parenting Plan worksheets where required by local rules.]

3.4 Child Support

3.4.1 Statutory Calculation. Basic child support shall be calculated under the CSSA using the Parties’ annual incomes as stated in Schedule F.

3.4.2 Basic Support Obligation. Effective [DATE], Spouse [A/B] (“Payor Parent”) shall remit $[AMOUNT] per month to Spouse [B/A] (“Payee Parent”) by direct deposit on or before the first business day of each month.

3.4.3 Add-On Expenses. The Parties shall share pro rata, based on their CSSA incomes, the following “add-on” expenses:
  (a) Unreimbursed medical/dental/orthodontic expenses;
  (b) Childcare necessary for a parent’s employment or education;
  (c) Educational and extracurricular activities not to exceed $[CAP] annually without mutual consent.

3.4.4 COLA Adjustment. Support shall be subject to Cost-of-Living Adjustment every two (2) years pursuant to DRL § 240(1-b)(f).

3.4.5 Enforcement. This provision shall be incorporated, but not merged, into the Judgment of Divorce to permit both contractual and statutory enforcement remedies.

3.5 Insurance & Security for Support

3.5.1 Life Insurance. The Payor(s) of maintenance or child support shall maintain term life insurance with a minimum face amount of $[AMOUNT], naming the Payee or the Child(ren) as irrevocable beneficiary(ies), until the later of (i) completion of maintenance payments or (ii) the emancipation of the youngest Child.

3.5.2 Health Insurance. Each Child shall remain covered under [POLICY DESCRIPTION]. Unreimbursed medical expenses shall be allocated per Section 3.4.3(a).

3.5.3 Disability Insurance (Optional). The maintenance Payor shall maintain disability insurance providing not less than [PERCENT]% of current gross income.

3.6 Tax Matters

3.6.1 Filing Status for Current Year. The Parties shall file [JOINT/SEPARATE] federal and state income tax returns for tax year [YEAR]. Any refund or liability shall be divided [SPECIFY SPLIT].

3.6.2 Dependency Exemptions & Credits. The Parties shall alternate claiming the Child(ren) for federal and state tax purposes as follows: [ASSIGNMENT DETAILS]. The Payor Parent must be in substantial compliance with support in order to claim any dependency exemption.

3.6.3 Indemnification for Prior Years. Each Party agrees to indemnify, defend, and hold harmless the other from and against any tax liabilities (including penalties, interest, and legal fees) arising from the indemnifying Party’s misstatement or omission on any joint return.

4. REPRESENTATIONS & WARRANTIES

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

4.2 Independent Counsel. Each Party acknowledges the opportunity to seek independent legal advice and representation.

4.3 Understanding & Voluntariness. Each Party represents that he or she fully understands this Agreement, enters into it voluntarily, and is not relying on any representation outside this document.

4.4 Survival. The representations and warranties herein shall survive execution and remain enforceable.

5. COVENANTS & RESTRICTIONS

5.1 Mutual Restraint. Each Party covenants to refrain from harassing, intimidating, or disparaging the other Party, directly or indirectly, including via social media.

5.2 Compliance with Court Orders. The Parties shall comply with any existing or future Orders of Protection or Family Court directives.

5.3 Notice of Change in Circumstances. Within ten (10) days of any material change in employment, income, or residence, a Party shall provide written notice to the other Party.

5.4 Further Assurances. Each Party shall execute all additional documents reasonably necessary to effectuate this Agreement (e.g., QDROs, deeds, vehicle titles).

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party is in default if he or she:
  (a) Fails to pay support or maintenance within seven (7) days after due;
  (b) Fails to transfer property or execute required documents within specified periods; or
  (c) Breaches any covenant under Section 5.

6.2 Cure Period. The non-defaulting Party shall give written notice specifying the default and allowing a ten (10) day cure period, unless the breach is incapable of cure or concerns domestic violence.

6.3 Remedies. Upon uncured default, the non-defaulting Party may pursue:
  (a) Income execution pursuant to CPLR Article 52 or DRL § 240(2-b);
  (b) Judgment for arrears with 9% statutory interest;
  (c) Contempt proceedings;
  (d) Reasonable attorneys’ fees and costs.

7. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party, and if applicable the Child(ren), from any third-party claim arising out of the Indemnifying Party’s breach of this Agreement.

7.2 Limitation of Liability. Except for domestic violence, willful misconduct, or fraud, each Party’s aggregate liability hereunder shall be limited to his or her share of Marital Assets as distributed under Section 3.1.

7.3 Force Majeure. Performance is excused to the extent rendered impossible by acts of God, governmental action, or similar events beyond a Party’s reasonable control; provided, however, that monetary obligations shall not be excused but may be suspended during the force-majeure period.

8. DISPUTE RESOLUTION

8.1 Governing Law. New York law applies per Section 1.5.

8.2 Forum Selection. The Parties consent to the exclusive jurisdiction of the Supreme Court, [COUNTY] County, Matrimonial Term, or the Family Court of [COUNTY] County for enforcement or modification proceedings.

8.3 Arbitration (Limited). The Parties may, by mutual written consent, submit discrete financial disputes (excluding custody and child support) to binding arbitration before a retired matrimonial judge or qualified neutral. The arbitrator’s award shall be incorporated into but not merge with the Judgment of Divorce.

8.4 Injunctive Relief. Nothing herein limits the Court’s power to issue temporary or permanent restraining orders concerning the Parties or the Child(ren).

8.5 Jury Waiver. Not applicable in matrimonial matters under New York law.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver is effective unless in a writing signed by both Parties and, where required, approved by the Court.

9.2 Assignment. Personal rights and obligations under this Agreement are non-assignable except with prior written consent of the other Party.

9.3 Successors & Assigns. This Agreement binds 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 permissible, and the invalid provision reformed to reflect the Parties’ intent.

9.5 Integration. This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, whether written or oral, relating to the subject matter herein.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed originals for all purposes.

9.7 Headings. Headings are for convenience only and do not affect interpretation.

9.8 Construction. The Parties agree that this Agreement is the product of joint drafting and shall not be construed against either Party.

10. EXECUTION BLOCK

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

ACKNOWLEDGMENT

State of New York )
County of __ ) ss.:

On the _ day of _, 20__, before me, the undersigned, personally appeared [SPOUSE A], personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual executed the instrument.

Notary Public

(Repeat acknowledgment block for Spouse B)

[// GUIDANCE: Attach Schedules A–F and Parenting Plan before execution. File the signed Agreement with the Note of Issue and Request for Judicial Intervention, and incorporate—but do not merge—into the Judgment of Divorce to preserve contract remedies.]