MARITAL SETTLEMENT AGREEMENT

(South Dakota — Court-Ready Template)

[// GUIDANCE: This template is intended for use by licensed attorneys. All bracketed text must be customized to the facts of the case before filing. Remove all guidance comments prior to execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Marital Status & Dissolution
   3.2 Division of Marital Property
   3.3 Spousal Support (Alimony)
   3.4 Custody & Parenting Plan
   3.5 Child Support
   3.6 Health Insurance & Uninsured Medical Expenses
   3.7 Tax Matters
   3.8 Debts & Liabilities
   3.9 Retirement & Pension Assets
   3.10 Real Property Transfers
   3.11 Personal Property Allocation
   3.12 Name Change
   3.13 Cooperation & Further Assurances
   3.14 Confidentiality & Non-Disparagement
   3.15 Mutual Releases
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Schedules & Exhibits

1. DOCUMENT HEADER

1.1 Title and Parties

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

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

1.2 Recitals

A. The Parties were lawfully married on [DATE] in [CITY, STATE] and there are currently [NUMBER] minor child(ren) of the marriage, namely [NAME(S) AND DATE(S) OF BIRTH] (the “Minor Children”).
B. Irreconcilable differences have arisen between the Parties, and each Party desires a final, complete, and equitable settlement of all rights and obligations arising out of their marital relationship, including but not limited to property division, support, and matters concerning the Minor Children.
C. The Parties intend that this Agreement be incorporated, but not merged, into any final Decree of Divorce or Judgment of Dissolution (the “Decree”) to be entered by the [NAME OF COUNTY] County Circuit Court, State of South Dakota (the “Court”), and that the Court retain continuing jurisdiction as required under applicable South Dakota family law.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Terms used in the singular include the plural and vice versa.

“Child Support Guidelines” means the child support guidelines promulgated under the South Dakota Codified Laws and any implementing regulations in force as of the Effective Date.

“Marital Assets” means all real, personal, tangible, and intangible property acquired by either Party individually or by the Parties jointly during the marriage, regardless of the form of title, except Separate Property.

“Marital Debts” means all liabilities incurred by either Party individually or jointly during the marriage.

“Parenting Plan” means the comprehensive parenting arrangement set forth in Section 3.4, including legal custody, parenting time, decision-making, transportation, holiday schedules, and dispute-resolution procedures.

“Separate Property” means property that qualifies as separate under applicable South Dakota law, including but not limited to inheritances, gifts to one spouse only, and property expressly designated herein as Separate Property.

[// GUIDANCE: Add or delete defined terms as necessary for the transaction.]

3. OPERATIVE PROVISIONS

3.1 Marital Status & Dissolution

3.1.1 The Parties agree to cooperate in obtaining a Decree dissolving their marriage on the grounds permitted by South Dakota law.
3.1.2 Each Party shall execute and deliver all documents reasonably necessary to advance the dissolution action, provided that nothing herein waives any statutory waiting period or court approval requirements.

3.2 Division of Marital Property

3.2.1 Equalizing Principle. The Parties acknowledge South Dakota’s equitable distribution framework and agree that the allocations set forth herein constitute a fair and equitable division of Marital Assets and Marital Debts.
3.2.2 Allocation. Marital Assets and Marital Debts are divided as detailed on the attached:
• Schedule A: Real Property;
• Schedule B: Personal Property;
• Schedule C: Financial Accounts & Securities;
• Schedule D: Marital Debts.
3.2.3 Timing of Transfers. Unless otherwise stated, all transfers shall be completed within [30] days after the Effective Date.
3.2.4 Title & Deeds. Each Party shall execute and deliver all deeds, bills of sale, and other instruments reasonably necessary to perfect the transfers contemplated herein.
3.2.5 Liens & Encumbrances. The receiving Party shall assume and timely pay all liens, mortgages, or encumbrances associated with any asset allocated to that Party, and shall indemnify and hold the other Party harmless from any related claim.

3.3 Spousal Support (Alimony)

3.3.1 Waiver or Payment.
(a) [OPTION 1 — WAIVER] Each Party irrevocably waives and relinquishes any right to receive spousal support, maintenance, or alimony from the other, whether temporary or permanent.
(b) [OPTION 2 — PAYMENT] Spouse [A/B] shall pay rehabilitative alimony to Spouse [B/A] in the amount of [$ AMOUNT] per month, commencing [DATE] and continuing for [NUMBER] months, unless earlier terminated as provided in Section 3.3.3.
3.3.2 Tax Treatment. Alimony payments shall be treated [select: as taxable income to the recipient and deductible to the payor / as non-taxable, non-deductible post-TCJA], consistent with federal and state law in effect at the time payments are made.
3.3.3 Termination. Alimony shall terminate upon the earliest of (a) expiration of the term above; (b) death of either Party; (c) remarriage or cohabitation of the recipient as defined under South Dakota law; or (d) further order of the Court.

3.4 Custody & Parenting Plan

3.4.1 Legal Custody. The Parties shall share [joint / sole to Spouse A / sole to Spouse B] legal custody of the Minor Children.
3.4.2 Physical Custody & Parenting Time.
(a) Primary Residence: The primary residence of the Minor Children shall be with [Spouse A / Spouse B].
(b) Parenting Schedule: Parenting time shall follow the schedule set forth in Exhibit 1 (Parenting Time Calendar).
3.4.3 Decision-Making. Major decisions (education, medical, religious upbringing) shall be made [jointly / by primary custodian], with good-faith consultation and advance notice.
3.4.4 Relocation. Neither Party shall relocate the Minor Children’s primary residence more than [X] miles from [CITY], South Dakota without (a) 45 days’ prior written notice to the other Party and (b) court approval if required by statute.
3.4.5 Dispute Resolution. Custody disputes shall first be mediated by a mutually agreeable mediator experienced in family law before seeking court intervention, except in emergencies.

3.5 Child Support

3.5.1 Guideline Compliance. Child support shall be calculated pursuant to the Child Support Guidelines based on current incomes as reflected in Schedule E (Financial Affidavits).
3.5.2 Amount & Payments. Spouse [A/B] shall pay to Spouse [B/A] child support of [$ AMOUNT] per month, commencing [DATE], by automatic income withholding through the South Dakota Division of Child Support.
3.5.3 Annual Review. The Parties shall exchange verified income information each [MONTH] and recalculate support per the Guidelines. Any deviation shall be memorialized by stipulation and submitted to the Court for approval.
3.5.4 Modification. Child support may be modified only by a written order of the Court upon a material change in circumstances as defined by South Dakota law.

3.6 Health Insurance & Uninsured Medical Expenses

3.6.1 Coverage. [Spouse A/B] shall maintain comprehensive medical, dental, and vision coverage for the Minor Children comparable to that in effect as of the Effective Date.
3.6.2 Uninsured Expenses. The Parties shall share uninsured medical expenses [pro rata to their respective incomes / 50-50 / other]. Reimbursement shall be made within 30 days of receipt of documentation.

3.7 Tax Matters

3.7.1 Dependency Exemptions. The Parties shall alternate the federal and state income tax dependency exemptions for the Minor Children, with [Spouse A] claiming [Child 1] in [even] tax years and [Spouse B] in [odd] years, subject to the recipient’s satisfaction of IRS requirements.
3.7.2 Filing Status. The Parties shall file separate returns for the tax year [YEAR] and all subsequent years.
3.7.3 Indemnity. Each Party shall indemnify and hold the other harmless from any tax liability arising from that Party’s separate filings.

3.8 Debts & Liabilities

3.8.1 Assumption. Each Party shall pay and hold the other harmless from the Marital Debts allocated to such Party in Schedule D.
3.8.2 Post-Separation Debts. Any debt incurred by a Party after [SEPARATION DATE] is the sole obligation of that Party.

3.9 Retirement & Pension Assets

3.9.1 Division. Retirement accounts subject to division are listed in Schedule C. Unless otherwise stated, such accounts shall be divided [50-50] by entry of a Qualified Domestic Relations Order (“QDRO”) drafted by [Party / neutral preparer] at the Parties’ joint expense.
3.9.2 Survivor Benefits. The Parties shall cooperate in preserving or waiving survivor-benefit rights as set forth in the applicable plan documents.

3.10 Real Property Transfers

3.10.1 Marital Residence. The marital residence located at [ADDRESS] is allocated to [Spouse A/B] subject to existing mortgage indebtedness, which [that] Party shall refinance or assume within [TIMEFRAME].
3.10.2 Listing & Sale. If refinance is not completed within the specified timeframe, the property shall be listed for sale with a licensed broker agreed upon by the Parties, and net proceeds shall be divided [percentage] [after payment of customary costs and prorations].

3.11 Personal Property Allocation

All household goods, vehicles, and personal effects have been divided to the Parties’ satisfaction as itemized on Schedule B.

3.12 Name Change

[Spouse A/B] may resume the use of [maiden/former] name, [FULL NAME], upon entry of the Decree.

3.13 Cooperation & Further Assurances

Each Party shall execute and deliver such further instruments and take such further actions as may be reasonably required to carry out the intent of this Agreement, including completion of any deeds, titles, affidavits, or benefit forms.

3.14 Confidentiality & Non-Disparagement

3.14.1 Confidentiality. Except as required by law, neither Party shall disclose the terms of this Agreement to any third party other than advisors, lenders, or as necessary to enforce its terms.
3.14.2 Non-Disparagement. Each Party agrees to refrain from disparaging the other Party in the presence of the Minor Children or on social media.

3.15 Mutual Releases

Except for obligations expressly set forth herein or in the Decree, each Party releases the other from any and all claims, demands, or liabilities, whether known or unknown, arising out of the marital relationship up to the Effective Date.

4. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents that he or she has made a full and fair disclosure of all assets, liabilities, and income.
4.2 Independent Counsel. Each Party acknowledges having been advised of the right to independent legal counsel and either has so retained counsel or voluntarily waived such right.
4.3 Capacity & Authority. Each Party has the legal capacity and authority to enter into this Agreement and to carry out the obligations herein.
4.4 No Undue Influence. This Agreement is executed free of duress, coercion, or undue influence.

Survival. The representations and warranties shall survive the execution and delivery of this Agreement and the entry of the Decree.

5. COVENANTS & RESTRICTIONS

5.1 Compliance with Court Orders. The Parties shall comply with all current and future orders of the Court regarding the Minor Children.
5.2 Notice. Each Party shall provide the other with written notice of any change of residence, telephone number, or employment within ten (10) days of such change.
5.3 Life Insurance. Each Party shall maintain, at his or her sole cost, life insurance in the face amount of [$ AMOUNT] naming the Minor Children as irrevocable beneficiaries until the obligation to pay child support terminates.

6. DEFAULT & REMEDIES

6.1 Default. Failure of a Party to perform any material obligation under this Agreement constitutes a default.
6.2 Notice & Cure. The non-defaulting Party shall give written notice describing the default; the defaulting Party shall have [15] days to cure monetary defaults and [30] days to cure non-monetary defaults, unless a shorter period is necessary to protect the welfare of the Minor Children.
6.3 Remedies. Upon uncured default, the non-defaulting Party may seek (a) specific performance, (b) contempt sanctions, (c) monetary damages not exceeding the defaulting Party’s share of Marital Assets, (d) attorney fees and costs, and/or (e) such other relief as the Court deems just.
6.4 Cumulative Rights. Remedies are cumulative and not exclusive of any other rights available at law or in equity.

7. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (the “Indemnified Party”) from any claim, debt, liability, or expense arising out of (a) the Indemnifying Party’s breach of this Agreement or (b) any debt or obligation assumed by the Indemnifying Party herein.

7.2 Limitation of Liability

Except for child-related obligations and willful misconduct, each Party’s aggregate liability to the other under this Agreement shall not exceed the value of that Party’s allocated share of the Marital Assets.

7.3 Force Majeure

Neither Party shall be liable for delays or failures in performance directly caused by acts of God, war, pandemic, governmental order, or other events beyond reasonable control, provided the affected Party gives prompt notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law

This Agreement shall be governed by and construed in accordance with the domestic relations laws of the State of South Dakota, without regard to conflict-of-law principles.

8.2 Forum Selection

Subject to Section 8.3, any action to enforce or interpret this Agreement shall be brought exclusively in the state family court of [COUNTY] County, South Dakota, which the Parties acknowledge has subject-matter jurisdiction over domestic relations matters.

8.3 Limited Arbitration

8.3.1 Scope. The Parties may elect, by mutual written consent, to submit property or financial disputes (but not issues concerning child custody, child support, or parenting time) to binding arbitration under the rules of the American Arbitration Association (“AAA”).
8.3.2 Selection of Arbitrator. The arbitrator shall be a retired South Dakota circuit judge or an attorney with at least ten (10) years’ family-law experience.
8.3.3 Injunctive Relief. Pending arbitration, the Court shall retain authority to issue temporary restraining orders or other equitable relief necessary to protect persons or property.

8.4 Waiver of Jury Trial

The Parties acknowledge that, pursuant to South Dakota practice, domestic relations matters are heard without a jury; to the extent a jury could otherwise be available, each Party knowingly waives the right to trial by jury.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties, and, where required by law, approved by the Court.
9.2 Assignment. Neither Party may assign his or her rights or delegate duties under this Agreement without the prior written consent of the other Party, except as to obligations that run with property transferred herein.
9.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.
9.4 Entire Agreement. This Agreement, including all Schedules and Exhibits, constitutes the entire agreement between the Parties and supersedes all prior oral or written understandings.
9.5 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 facsimile or electronic means (e.g., PDF, DocuSign) are binding.
9.6 Headings. Headings are for convenience only and do not affect interpretation.
9.7 Successors & Assigns. This Agreement is binding upon and inures to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.

10. EXECUTION BLOCK

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

NOTARY ACKNOWLEDGMENTS

State of South Dakota )
: ss.
County of [COUNTY] )

On this ___ day of __, 20, before me, a Notary Public within and for said County and State, personally appeared [NAME OF SPOUSE A], 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.

Witness my hand and official seal.

Notary Public
My Commission Expires: ______

[Duplicate acknowledgment for Spouse B]

11. SCHEDULES & EXHIBITS

• Schedule A – Real Property List
• Schedule B – Personal Property Division
• Schedule C – Financial Accounts & Retirement Assets
• Schedule D – Marital Debts Allocation
• Schedule E – Financial Affidavits & Income Worksheet
• Exhibit 1 – Parenting Time Calendar

[// GUIDANCE: Attach schedules/exhibits in the format required by local court rules. Incorporate statutory financial disclosure forms where mandated.]

End of Document