MARITAL SETTLEMENT AGREEMENT
(State of Rhode Island)
[// GUIDANCE: This template is intentionally comprehensive. Practitioners should delete any provisions that are unnecessary for a particular matter and customize all bracketed placeholders before execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Property Division
3.2 Debt Allocation
3.3 Transfer Mechanics
3.4 Child Custody and Parenting Plan
3.5 Child Support
3.6 Spousal Support (Alimony)
3.7 Insurance & Benefits
3.8 Tax Matters - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
(Page numbers intentionally omitted for template use)
1. DOCUMENT HEADER
1.1 Title and Parties
MARITAL SETTLEMENT AGREEMENT (this “Agreement”) made as of [EFFECTIVE DATE] (the “Effective Date”) by and between
• [NAME], residing at [ADDRESS] (“Spouse A”); and
• [NAME], residing at [ADDRESS] (“Spouse B” and, together with Spouse A, the “Parties,” and each, a “Party”).
1.2 Recitals
A. The Parties were lawfully married on [MARRIAGE DATE] in [CITY/STATE].
B. Irreconcilable differences have caused the irremediable breakdown of their marriage, and each Party has filed or will promptly file a Complaint for Divorce in the Rhode Island Family Court.
C. The Parties desire to resolve finally all rights, duties, and obligations arising out of their marital relationship, including without limitation property division, support, custody, and all other matters, in accordance with R.I. Gen. Laws §§ 15-5-16, -16.1, -16.2, and -16.3, and other applicable law.
D. In consideration of the mutual covenants herein and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows.
1.3 Governing Law & Jurisdiction
This Agreement is governed by the laws of the State of Rhode Island, without regard to conflict-of-law principles, and is subject to approval and incorporation by the Rhode Island Family Court (the “Court”).
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below. Any term defined in the singular includes the plural and vice-versa.
“Agreement” means this Marital Settlement Agreement, including all Schedules and Exhibits hereto.
“Child” or “Children” means the Parties’ minor child(ren): [NAME(S) & DATE(S) OF BIRTH].
“Court” has the meaning given in Section 1.3.
“Custodial Parent” means the parent with whom the Child is scheduled to reside for the greater portion of the calendar year under Section 3.4.
“Effective Date” has the meaning given in Section 1.1.
“Marital Debt” means any debt incurred by either Party between the Date of Marriage and the Effective Date, except debt expressly identified as Separate Debt in Schedule B.
“Marital Property” means all property acquired by either Party between the Date of Marriage and the Effective Date that is not Separate Property.
“Parenting Time” has the meaning given in Section 3.4.3.
“Separate Property” means property identified as such in Schedule A or otherwise characterized as separate under R.I. Gen. Laws § 15-5-16.1 and relevant case law.
[// GUIDANCE: Add definitions for any additional terms used consistently throughout the final document, e.g., “Retirement Assets,” “Business Interests,” etc.]
3. OPERATIVE PROVISIONS
3.1 Property Division
3.1.1 Equitable Distribution. In accordance with R.I. Gen. Laws § 15-5-16.1 and the equitable-distribution factors thereunder, the Parties agree to divide their Marital Property as set forth in Schedule A (Property Allocation Schedule), which is incorporated herein by reference.
3.1.2 Valuation Date. Unless otherwise specified, all Marital Property shall be valued as of [VALUATION DATE].
3.1.3 Real Property.
(a) Marital Home. The real property located at [ADDRESS] (the “Marital Home”) shall be [SOLD / TRANSFERRED TO SPOUSE A / TRANSFERRED TO SPOUSE B] on or before [DATE].
(b) Sale Procedure. If the Marital Home is to be sold:
(i) The Parties shall jointly select a licensed real-estate broker within ten (10) days after the Effective Date;
(ii) Net sale proceeds, after customary closing costs, taxes, and mortgage payoff, shall be divided [PERCENTAGE/PERCENTAGE] between the Parties; and
(iii) If the property is not under contract within [X] days, either Party may petition the Court for further relief.
3.1.4 Retirement Assets. All qualified retirement accounts shall be divided pursuant to one or more qualified domestic relations orders (“QDROs”) consistent with Schedule A. Each Party shall cooperate fully and bear his or her own costs of QDRO preparation unless otherwise stated.
3.1.5 Personal Property. Tangible personal property shall be allocated as provided in Schedule A. Any item not expressly allocated shall become the property of the physical possessor thirty (30) days after the Effective Date.
3.1.6 Business Interests. Ownership interests in [BUSINESS NAME(S)] shall be divided or retained as set forth in Schedule A, subject to any necessary third-party consents.
3.2 Debt Allocation
3.2.1 Allocation. Marital Debts shall be assumed as set forth in Schedule B (Debt Allocation Schedule).
3.2.2 Hold-Harmless. Each Party shall indemnify, defend, and hold harmless the other from any liability, cost, or expense arising from the debts he or she assumes, including reasonable attorney fees.
3.3 Transfer Mechanics
3.3.1 Documentation. The Parties shall execute, acknowledge, and deliver all deeds, titles, assignments, stock powers, QDROs, and other documents necessary to effectuate the transfers herein within thirty (30) days after the Effective Date.
3.3.2 Further Assurances. Each Party shall take such further actions as may be reasonably required to vest full legal and equitable title in accordance with this Agreement.
3.4 Child Custody and Parenting Plan
[// GUIDANCE: Substitute a full Parenting Plan, or attach as Schedule C, if preferred.]
3.4.1 Legal Custody. The Parties shall have [JOINT / SOLE] legal custody of the Children, consistent with the best-interests standard under R.I. Gen. Laws § 15-5-16.3.
3.4.2 Physical Placement. Primary physical placement shall be with [SPOUSE A / SPOUSE B]. Parenting Time for the non-custodial parent shall be as follows: [DETAILED WEEKLY/WEEKEND/VACATION SCHEDULE].
3.4.3 Parenting Time Defined. “Parenting Time” means any period during which a parent has physical placement of the Children pursuant to this Section 3.4.
3.4.4 Decision-Making. Major decisions regarding education, non-emergency medical care, and religious upbringing shall be made [JOINTLY / BY CUSTODIAL PARENT AFTER CONSULTATION].
3.4.5 Relocation. Neither Party shall relocate the Children’s primary residence outside Rhode Island without (a) forty-five (45) days’ prior written notice to the other Party, and (b) either written consent of the non-relocating parent or an order of the Court.
3.5 Child Support
3.5.1 Guideline Support. Child support shall be paid by [PAYOR] to [PAYEE] in the amount of $[AMOUNT] per week, consistent with the Rhode Island Child Support Guidelines, R.I. Gen. Laws § 15-5-16.2 and Rules of the Family Court.
3.5.2 Wage Assignment. An immediate wage-withholding order shall issue in the required form.
3.5.3 Adjustments. Support shall be reviewed every [24/36] months or upon a substantial change in circumstances, whichever occurs first.
3.5.4 Health Insurance & Unreimbursed Medical. [PAYOR / BOTH PARTIES] shall maintain medical and dental insurance for the Children. Unreimbursed medical expenses shall be allocated [PERCENTAGE/PERCENTAGE] and reimbursed within thirty (30) days of receipt of documentation.
3.6 Spousal Support (Alimony)
3.6.1 Term and Amount. Spouse [A/B] shall pay rehabilitative alimony of $[AMOUNT] per [WEEK/MONTH] for a term of [TERM] years, commencing on the first (1st) day of the month following entry of the Final Judgment of Divorce, in accordance with R.I. Gen. Laws § 15-5-16.
3.6.2 Termination. Alimony shall terminate upon the earliest of:
(a) expiration of the stated term;
(b) death of either Party; or
(c) [RECIPIENT]’s remarriage or cohabitation as defined by Rhode Island law.
3.6.3 Modification. Alimony may be modified only upon a material and substantial change in circumstances under R.I. Gen. Laws § 15-5-16.
3.7 Insurance & Benefits
3.7.1 Life Insurance. [PAYOR] shall maintain life insurance in the face amount of $[AMOUNT], naming [RECIPIENT OR CHILDREN] as irrevocable beneficiary(ies) for so long as [ALIMONY/CHILD SUPPORT] is payable.
3.7.2 COBRA/Health Coverage. Spouse [B/A] may elect continued health-insurance coverage under COBRA or state continuation law at his/her sole expense. The Parties shall cooperate in completing necessary paperwork.
3.8 Tax Matters
3.8.1 Filing Status. The Parties shall file [SEPARATE / JOINT] federal and state income-tax returns for tax year [YEAR] and thereafter file separately.
3.8.2 Dependency Exemptions & Credits. The Parties shall allocate the federal Child Tax Credit and any state-level credits as follows: [DETAIL]. The Custodial Parent shall execute IRS Form 8332 or successor form as required.
3.8.3 Deductibility of Alimony. The Parties acknowledge current federal tax law renders alimony [NON-DEDUCTIBLE / DEDUCTIBLE – confirm applicability post-2018 TCJA].
3.8.4 Exchange of Information. Each Party shall provide the other all tax documentation reasonably requested to enable accurate filing within fifteen (15) days of request.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority and Capacity. Each Party has full legal capacity and authority to enter into and perform this Agreement.
4.2 Full and Fair Disclosure. Each Party represents that he or she has made a complete and accurate disclosure of all assets, liabilities, income, and expenses.
4.3 Independent Counsel. Each Party acknowledges having been advised to consult independent legal counsel and either has done so or voluntarily waived such right.
4.4 No Other Agreements. Except as expressly set forth herein, no oral or written promises, inducements, or agreements exist between the Parties regarding the subject matter hereof.
4.5 Survival. The representations and warranties herein shall survive the Effective Date and continue until fully performed.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. The Parties shall cooperate in good faith to implement all provisions of this Agreement and to obtain entry of a Final Judgment of Divorce incorporating this Agreement by reference.
5.2 Non-Disparagement. The Parties shall refrain from disparaging the other in the presence of the Children or on any social-media platform.
5.3 Confidentiality. Except as required by law or Court order, the Parties shall keep the terms of this Agreement confidential.
5.4 Notice. Any notice required or permitted hereunder shall be in writing and deemed given upon (a) personal delivery, (b) certified mail, return receipt requested, or (c) recognized overnight courier, addressed to the recipient’s last known residential address or such other address as the recipient may designate in writing.
5.5 Cure Period. Unless otherwise stated, a Party alleged to be in breach shall have ten (10) days’ written notice and opportunity to cure before the non-breaching Party may seek judicial relief.
6. DEFAULT & REMEDIES
6.1 Events of Default. Any failure by a Party to perform a material obligation under this Agreement, including non-payment of support, failure to transfer property, or violation of custody provisions, constitutes a default.
6.2 Remedies. Upon default:
(a) The non-defaulting Party may petition the Court for specific performance, contempt, monetary damages, attorney fees, and any other relief permitted by law;
(b) Interest on unpaid monetary obligations shall accrue at the statutory rate from the due date until paid;
(c) Graduated Sanctions. Repeated or willful defaults may subject the breaching Party to escalating sanctions, including wage garnishment, property liens, license suspension, and incarceration, as authorized by statute.
6.3 Attorney Fees. The defaulting Party shall reimburse the non-defaulting Party for all reasonable attorney fees and costs incurred to enforce this Agreement.
7. RISK ALLOCATION
7.1 Mutual Indemnification
Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and the Children (the “Indemnified Parties”) from and against any claims, liabilities, damages, costs, and expenses (including reasonable attorney fees) arising from (a) the Indemnifying Party’s breach of this Agreement, or (b) any Marital Debt or Separate Debt allocated to the Indemnifying Party.
7.2 Limitation of Liability
Except for obligations relating to support, custody, or intentional misconduct, each Party’s aggregate liability under this Agreement shall not exceed his or her allocated share of Marital Property, as set forth in Schedule A.
7.3 Force Majeure
A Party’s failure to perform a non-monetary obligation shall be excused to the extent performance is prevented by an event beyond the Party’s reasonable control (e.g., natural disaster, war, epidemic), provided the Party gives prompt written notice and resumes performance as soon as reasonably practicable.
8. DISPUTE RESOLUTION
8.1 Exclusive Forum. The Court shall have continuing and exclusive jurisdiction over all matters arising under or relating to this Agreement.
8.2 Arbitration (Limited). The Parties may, by written agreement after the Effective Date, submit valuation disputes or post-judgment property-division issues to binding arbitration under the Rhode Island Arbitration Act. Matters concerning child custody, visitation, or support shall not be subject to arbitration.
8.3 Injunctive Relief / Restraining Orders. Nothing herein limits the Court’s authority to issue temporary or permanent restraining orders for the protection of the Parties or the Children.
8.4 Waiver of Jury Trial. The Parties acknowledge that actions in the Rhode Island Family Court are tried without a jury.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver of any provision shall be effective unless in writing executed by both Parties and approved by the Court where required. No waiver of any breach constitutes a waiver of any subsequent breach.
9.2 Assignment & Delegation. Neither Party may assign or delegate any right or obligation under this Agreement without the other Party’s prior written consent, except as expressly permitted herein.
9.3 Successors & Assigns. This Agreement is binding upon and inures to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.
9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall be given full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.
9.5 Entire Agreement. This Agreement, including all Schedules and Exhibits, constitutes the entire understanding between the Parties and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter hereof.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original and all of which together constitute one instrument. Signatures transmitted by electronic means (e.g., PDF, DocuSign) shall be deemed original signatures for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Marital Settlement Agreement as of the Effective Date first written above.
| ______ | ______ |
| [SPOUSE A NAME] | Date: _____ |
| ______ | ______ |
| [SPOUSE B NAME] | Date: _____ |
[Optional Notary Acknowledgment Block—Insert Rhode Island statutory form if notarization desired.]
Schedule A – Property Allocation Schedule
[Detailed itemization of Marital Property, Separate Property, percentage allocations, and fair-market values.]
Schedule B – Debt Allocation Schedule
[List of all Marital Debts and Separate Debts with responsible Party, outstanding balances, and payment terms.]
Schedule C – Parenting Plan (if not detailed in Section 3.4)
[Insert comprehensive parenting-time calendar, holiday schedule, transportation responsibilities, communication protocols, dispute-resolution steps, etc.]
[// GUIDANCE: Save a clean copy of the executed Agreement to submit with the Final Judgment of Divorce. Ensure that any QDROs, deeds, and ancillary documents are prepared concurrently to avoid post-judgment delays.]