DIVORCE SETTLEMENT AGREEMENT

(State of Ohio – Domestic Relations Division, Court of Common Pleas)

[// GUIDANCE: This template is drafted for use in the State of Ohio. Review all bracketed placeholders and bracketed optional provisions before circulation. Attach exhibits/schedules as indicated.]

TABLE OF CONTENTS

1. Document Header
2. Recitals
3. Definitions
4. Operative Provisions
   4.1 Divorce & Jurisdiction
   4.2 Parenting Allocation & Custody
   4.3 Parenting Time Schedule
   4.4 Decision-Making Authority
   4.5 Child Support
   4.6 Spousal Support
   4.7 Division of Marital Property
   4.8 Allocation of Debts
   4.9 Taxes & Future Filings
   4.10 Health, Dental & Life Insurance
   4.11 Indemnification & Liability Caps
5. Representations & Warranties
6. Covenants & Restrictions
7. Default & Remedies
8. Risk Allocation
9. Dispute Resolution
10. General Provisions
11. Execution Block
12. Notary Acknowledgments

1. DOCUMENT HEADER

Divorce Settlement Agreement (this “Agreement”) made and entered into as of [EFFECTIVE DATE] (the “Effective Date”), by and between:

• [FULL LEGAL NAME OF SPOUSE 1], residing at [ADDRESS] (“Spouse 1”); and
• [FULL LEGAL NAME OF SPOUSE 2], residing at [ADDRESS] (“Spouse 2” and, together with Spouse 1, the “Parties” and each, a “Party”).

2. RECITALS

A. The Parties were lawfully married on [MARRIAGE DATE] in [CITY, STATE].
B. Irreconcilable differences have arisen, and the Parties desire to resolve finally and completely all marital rights and obligations, including parental rights and responsibilities, spousal support, division of property, and allocation of debts, as permitted by Ohio Rev. Code §§ 3105.171, 3105.18, 3109.04 & 3119.
C. Each Party has made full and fair disclosure of all material facts, assets, debts, and income.
D. The Parties intend that this Agreement be incorporated into any Judgment Entry of Divorce (the “Judgment”) issued by the [COUNTY] County Court of Common Pleas, Domestic Relations Division (the “Court”).

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

3. DEFINITIONS

The following terms, when capitalized, have the meanings set forth below. All section cross-references refer to this Agreement unless otherwise indicated.

“Arbitrable Issue” – any post-decree financial dispute expressly designated in Section 9.3.
“Child(ren)” – the minor child(ren) of the Parties listed in Section 4.2(a).
“Child Support” – the periodic payments described in Section 4.5, calculated pursuant to Ohio Rev. Code Chapter 3119.
“Court” – as defined in Recital D.
“Marital Property” – all property subject to equitable division under Ohio Rev. Code § 3105.171(A)(3).
“Parenting Plan” – the custody, parenting time, and decision-making provisions set forth in Sections 4.2–4.4.
“Separate Property” – property excluded from division under Ohio Rev. Code § 3105.171(A)(6).
“Spousal Support” – the payments described in Section 4.6, determined under Ohio Rev. Code § 3105.18.

4. OPERATIVE PROVISIONS

4.1 Divorce & Jurisdiction

(a) The Parties shall cooperate to obtain a judgment of divorce in the Court.
(b) The Court retains subject-matter jurisdiction over child-related issues per Ohio Rev. Code § 3109.04(F)(1).

4.2 Parenting Allocation & Custody

(a) Children. The Parties are the natural parents of:
• [CHILD 1 NAME], born [DOB];
• [CHILD 2 NAME], born [DOB]; [add lines as needed]

(b) Allocation. The Parties agree to [SHARED PARENTING / SOLE LEGAL CUSTODY TO ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­_____] consistent with Ohio Rev. Code § 3109.04.

4.3 Parenting Time Schedule

(a) Regular Schedule. [DETAILED WEEKLY SCHEDULE].
(b) Holidays & Vacations. [SPECIFY ROTATION, NOTICE REQUIREMENTS].

[// GUIDANCE: Attach a calendar-style exhibit for clarity.]

4.4 Decision-Making Authority

(a) Major Decisions (education, non-routine health care, religion) shall be [JOINTLY / SOLELY] decided as follows: [DETAIL].
(b) Day-to-Day Decisions shall be made by the residential parent during his or her parenting time.

4.5 Child Support

(a) Guideline Support. Spouse [__] shall pay Child Support of $[AMOUNT] per month, commencing [DATE], via the Ohio Child Support Payment Central, pursuant to the worksheet attached as Exhibit A.
(b) Deviations. [IF ANY, STATE FACTORS UNDER OHIO REV. CODE § 3119.23].
(c) Medical Support. Parties shall maintain health insurance as available at reasonable cost; unreimbursed expenses split [PERCENTAGE].
(d) Termination. Support terminates upon the earlier of (i) child’s emancipation, (ii) age 18 and completion/non-completion of high school per Ohio Rev. Code § 3119.86, or (iii) further order.

4.6 Spousal Support

(a) Amount & Duration. Spouse [__] shall pay Spousal Support of $[AMOUNT] per month for [TERM] months, beginning [DATE].
(b) Tax Treatment. [INDICATE DEDUCTIBILITY/INCLUSION CONSISTENT WITH CURRENT FEDERAL LAW].
(c) Modification. [MODIFIABLE / NON-MODIFIABLE] except upon death, remarriage, or cohabitation per Ohio Rev. Code § 3105.18(E).
(d) Security. [OPTIONAL: LIFE INSURANCE or LIEN ON PROPERTY].

4.7 Division of Marital Property

(a) Equalization. The Parties believe this division is equitable under Ohio Rev. Code § 3105.171(C)(1).
(b) Real Property. The marital residence at [ADDRESS] is awarded to [SPOUSE __] subject to refinancing within [X] days; equity equalization payment of $[AMOUNT] to [OTHER SPOUSE].
(c) Personal Property. As itemized on Schedule 1.
(d) Retirement & Investments. Division via Qualified Domestic Relations Order (QDRO) as shown on Schedule 2.
(e) Separate Property Confirmation. Each Party retains his or her Separate Property, including but not limited to items listed on Schedule 3.

4.8 Allocation of Debts

(a) Joint Debts. The following shall be paid as indicated:
• [CREDITOR] – balance $[] – responsibility: [SPOUSE ].
(b) Indemnity. See Section 4.11.

4.9 Taxes & Future Filings

(a) Filing Status. For tax year [YEAR], Parties shall file [JOINTLY/SEPARATELY].
(b) Dependency Exemptions. Alternating years commencing [YEAR] with Spouse [__] claiming the Child(ren) in even-numbered years.
(c) Indemnity for Audits. See Section 4.11.

4.10 Health, Dental & Life Insurance

(a) Health. Coverage responsibilities per Section 4.5(c).
(b) Life. Each Party shall maintain life insurance of not less than $[AMOUNT] naming the other Party or the Child(ren) as irrevocable beneficiary(ies) for as long as support obligations remain.

4.11 Indemnification & Liability Caps

(a) Mutual Indemnity. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold the other harmless from any liabilities, claims, or costs arising from (i) the Indemnifying Party’s failure to pay debts assigned to that Party, (ii) breach of this Agreement, or (iii) misrepresentation in financial disclosures.
(b) Liability Cap. The Indemnifying Party’s aggregate indemnity exposure shall not exceed the total net value of that Party’s allocated Marital Property under Section 4.7.

5. REPRESENTATIONS & WARRANTIES

5.1 Authority. Each Party has full legal capacity to execute and perform this Agreement.
5.2 Disclosure. Each Party represents that all material financial information supplied is true, complete, and accurate.
5.3 Independent Counsel. Each Party acknowledges the opportunity to consult independent legal counsel and that execution is voluntary and informed.
5.4 No Undue Influence. The Agreement is not the product of duress or coercion.

Survival. The representations and warranties in Sections 5.1–5.4 survive execution and incorporation into the Judgment.

6. COVENANTS & RESTRICTIONS

6.1 Future Cooperation. Parties shall sign all documents reasonably necessary to carry out this Agreement, including deeds, QDROs, and motor-vehicle titles.
6.2 Non-Disparagement. Neither Party shall disparage the other to the Child(ren) or third parties in the presence of the Child(ren).
6.3 Relocation Notice. A Party intending to relocate more than 75 miles from current residence shall provide at least 60 days’ prior written notice and comply with local rules of the Court.

7. DEFAULT & REMEDIES

7.1 Events of Default. Failure to (a) make any payment when due, (b) transfer property as agreed, or (c) comply with custody provisions.
7.2 Notice & Cure. Defaulting Party has 14 days’ written notice to cure before enforcement action.
7.3 Remedies. Non-defaulting Party may seek:
• Contempt sanctions;
• Monetary judgment with statutory interest;
• Attorneys’ fees and costs;
• Specific performance or injunctive relief.

Attorneys’ Fees. The prevailing Party in any enforcement action shall recover reasonable fees and costs.

8. RISK ALLOCATION

8.1 Force Majeure. Obligations other than payment obligations are suspended during extraordinary events beyond reasonable control (e.g., natural disasters) for the duration of the event.
8.2 Impossibility. If a provision becomes illegal or impossible due to legislative change, the affected provision shall be modified to preserve the Parties’ original intent while remaining enforceable.

9. DISPUTE RESOLUTION

9.1 Governing Law. This Agreement shall be governed by the domestic-relations laws of the State of Ohio.
9.2 Forum Selection. The Court retains exclusive jurisdiction over all non-Arbitrable Issues, including custody and child support.
9.3 Limited Arbitration. The Parties may submit Arbitrable Issues (defined as post-decree property or spousal-support disputes not involving children) to binding arbitration under the Ohio Arbitration Act, R.C. Chapter 2711, before a mutually agreed arbitrator.
9.4 Jury Waiver. Any civil proceeding arising from this Agreement shall be tried to the Court; the Parties knowingly waive the right to trial by jury where permissible.
9.5 Injunctive Relief. Either Party may petition the Court for restraining orders or other equitable relief to protect persons or property pending final resolution.

[// GUIDANCE: Confirm local rule compliance for arbitration of post-decree matters in your county.]

10. GENERAL PROVISIONS

10.1 Amendment & Waiver. Any amendment must be in a written instrument signed by both Parties and, where required, approved by the Court.
10.2 Assignment. Rights or obligations hereunder are personal and non-assignable, except with the prior written consent of the other Party or by Court order.
10.3 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, and permitted assigns.
10.4 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted.
10.5 Integration. This Agreement, including exhibits and schedules, constitutes the entire understanding and supersedes all prior agreements, written or oral.
10.6 Counterparts & Electronic Signatures. The Agreement may be executed in counterparts and by electronic signature, each of which is deemed an original.

11. EXECUTION BLOCK

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

12. NOTARY ACKNOWLEDGMENTS

State of Ohio )
County of _____ ) ss:

On this _ day of _, 20__, before me, the undersigned Notary Public in and for said State, personally appeared [SPOUSE 1 NAME], known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he or she executed the same for the purposes therein contained.

Notary Public
My commission expires: ____

[REPEAT FOR SPOUSE 2]

EXHIBITS & SCHEDULES (Illustrative)

Exhibit A – Child Support Worksheet
Schedule 1 – Personal Property Allocation
Schedule 2 – Retirement & Investment Division / QDRO Instructions
Schedule 3 – Confirmed Separate Property

[// GUIDANCE: Attach all referenced exhibits before filing. Verify that QDRO language meets plan-administrator requirements.]