DIVORCE SETTLEMENT AGREEMENT

(Tennessee – Comprehensive Form)

[// GUIDANCE: This template is drafted to comply with Tennessee family-law requirements as of the 2023 statutory framework. All bracketed items must be customized for the particular matter. Remove all guidance notes prior to execution.]

TABLE OF CONTENTS

1. Article I – Document Header
2. Article II – Definitions
3. Article III – Operative Provisions
     3.1 Marital Property Division
     3.2 Debt Allocation
     3.3 Spousal Support (Alimony)
     3.4 Child Support
     3.5 Parenting Plan & Custody
     3.6 Insurance & Benefits
     3.7 Tax Matters
4. Article IV – Representations & Warranties
5. Article V – Covenants & Restrictions
6. Article VI – Default & Remedies
7. Article VII – Risk Allocation
8. Article VIII – Dispute Resolution
9. Article IX – General Provisions
10. Article X – Execution Block

ARTICLE I – DOCUMENT HEADER

1.1 Parties.
This Divorce Settlement Agreement (“Agreement”) is entered into by and between:
a. [HUSBAND FULL LEGAL NAME], SSN [XXX-XX-XXXX], residing at [ADDRESS] (“Husband”); and
b. [WIFE FULL LEGAL NAME], SSN [XXX-XX-XXXX], residing at [ADDRESS] (“Wife,” and together with Husband, the “Parties,” and each, a “Party”).

1.2 Effective Date.
This Agreement shall become effective on the later of (a) the date last signed below, or (b) the date on which the Final Decree of Divorce incorporating this Agreement is entered by the [COUNTY] Circuit/Chancery Court, Tennessee (the “Effective Date”).

1.3 Recitals.
A. The Parties were lawfully married on [MARRIAGE DATE] in [LOCATION].
B. Irreconcilable differences have arisen, and the Parties desire to dissolve their marriage pursuant to Tenn. Code Ann. § 36-4-101(11) (2023).
C. The Parties seek an equitable distribution of marital property in accordance with Tenn. Code Ann. § 36-4-121 (2023).
D. The Parties intend that this Agreement fully resolve all rights and obligations arising from their marriage, including property division, support, and parental responsibilities, and that it be approved and incorporated but not merged into the Final Decree of Divorce, thereby surviving as an independent contract.

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

ARTICLE II – DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Tennessee Code Annotated or controlling regulations.

“Business Day” means any day other than Saturday, Sunday, or a Tennessee state-recognized legal holiday.

“Child/Children” means the minor child(ren) of the Parties listed in Section 3.5.1.

“Custodial Parent” has the meaning assigned in Tenn. Code Ann. § 36-6-101(a)(2).

“Marital Property” has the meaning set forth in Tenn. Code Ann. § 36-4-121(b).

“Separate Property” means all property defined as separate under Tenn. Code Ann. § 36-4-121(b)(2).

“Parenting Plan” means the permanent parenting plan required by Tenn. Code Ann. § 36-6-404.

“Support Guidelines” means the Tennessee Child Support Guidelines codified at Tenn. Comp. R. & Regs. 1240-02-04.

[Add additional defined terms as needed, e.g., “Qualified Retirement Plan,” “Alimony in Futuro,” etc.]

ARTICLE III – OPERATIVE PROVISIONS

3.1 Marital Property Division

3.1.1 General Rule. The Parties acknowledge that Tennessee is an equitable-distribution state. Consistent with Tenn. Code Ann. § 36-4-121, the Parties agree to divide Marital Property as set forth on Schedule A (Real Property), Schedule B (Investments & Cash), and Schedule C (Retirement & Deferred Compensation), each incorporated herein by reference.

3.1.2 Title Transfers.
a. Real Property. Within ten (10) Business Days after the Effective Date, the Party relinquishing ownership shall execute a Warranty Deed conveying all right, title, and interest in the relevant property to the receiving Party.
b. Automobiles. Title certificates shall be endorsed and delivered within five (5) Business Days after the Effective Date.

3.1.3 Equalization Payment. If the net value of property awarded to one Party exceeds that awarded to the other by more than [$1,000] (“Threshold”), the Party receiving the higher value shall pay an equalization payment in the amount of [AMOUNT] to the other Party within thirty (30) days after the Effective Date.

[// GUIDANCE: Insert detailed asset schedule. Provide valuation dates consistent with TN practice—typically date of final hearing or as otherwise agreed.]

3.2 Debt Allocation

3.2.1 Marital Debts. Marital debts are allocated as set forth on Schedule D. Each Party shall indemnify the other against any liability arising from debts allocated to such Party.

3.2.2 Post-Separation Debts. Each Party shall be solely responsible for debts incurred in his or her own name after the Separation Date of [DATE].

3.3 Spousal Support (Alimony)

3.3.1 Waiver or Award.
[Choose one:]
a. Waiver. Each Party knowingly and voluntarily waives any and all claims to alimony under Tenn. Code Ann. § 36-5-121.
---OR---
b. Award. Husband/Wife shall pay to the other rehabilitative alimony of $[AMOUNT] per month, commencing on the first (1st) day of the month following the Effective Date and continuing for [TERM] months, subject to statutory termination events (death of either Party, remarriage of recipient, or cohabitation as defined by § 36-5-121(f)(2)(B)). Payments shall be made via income-assignment order pursuant to Tenn. Code Ann. § 36-5-501.

3.3.2 Tax Treatment. For federal and Tennessee income-tax purposes, the Parties acknowledge that, pursuant to the Tax Cuts and Jobs Act of 2017, alimony paid under this Agreement is not deductible by the payor nor includible in the recipient’s gross income for divorces finalized after December 31, 2018.

3.4 Child Support

3.4.1 Guideline Amount. Child support shall be calculated in accordance with the Support Guidelines. Based on the attached Child Support Worksheet (Schedule E), [PAYOR] shall pay [PAYEE] $[AMOUNT] per month, due on the first (1st) day of each month, via the Tennessee Child Support Disbursement Unit.

3.4.2 Health Insurance. [PAYOR] shall maintain health insurance for the Child(ren) as available through employment at reasonable cost. Uninsured medical expenses shall be allocated [PERCENTAGE/PERCENTAGE] in conformity with the Guidelines.

3.4.3 Modification. Child support may be modified upon a “significant variance” as defined in Tenn. Comp. R. & Regs. 1240-02-04-.05.

3.5 Parenting Plan & Custody

3.5.1 Minor Children. The Parties are the biological parents of:
• [CHILD NAME], born [DOB];
• [CHILD NAME], born [DOB].

3.5.2 Adoption of Parenting Plan. The permanent Parenting Plan attached hereto as Schedule F is incorporated herein. The Parties agree to joint decision-making authority, with [PARENT] designated as Primary Residential Parent and [PARENT] exercising parenting time per the schedule set forth therein.

3.5.3 Relocation. Any proposed relocation outside 50 miles or out of state shall comply with Tenn. Code Ann. § 36-6-108 (notice and objection procedures).

3.5.4 Dispute Resolution. Parenting disputes shall first be submitted to mediation with a Rule 31 family mediator prior to court filing, unless emergency circumstances exist.

3.6 Insurance & Benefits

3.6.1 Life Insurance. [PAYOR] shall maintain life insurance with a minimum face amount of $[AMOUNT] naming the minor Child(ren) as irrevocable beneficiaries, in trust or under UTMA, until the later of (i) the completion of the child-support obligation, or (ii) Child’s age 22 if enrolled full-time in post-secondary education.

3.6.2 COBRA/Exchange Coverage. [SPOUSE] may elect continued health-insurance coverage pursuant to COBRA or obtain comparable marketplace coverage at his/her own expense.

3.7 Tax Matters

3.7.1 Filing Status for Current Year. The Parties intend to file [JOINT/SEPARATE] federal and Tennessee income-tax returns for tax year [YEAR], sharing any refund/liability [PERCENTAGE/PERCENTAGE].

3.7.2 Dependency Exemptions & Credits. Unless future federal law changes, the Parties shall alternate claiming each minor child as a qualifying dependent for federal and state tax purposes, with [PARENT] claiming [YEAR PATTERN]. The claiming Party must be current on child-support obligations for the tax year claimed.

3.7.3 Indemnification. Each Party shall indemnify and hold harmless the other from any tax liabilities arising from his or her individual filings, inaccurate reporting, or failure to pay taxes allocated herein.

ARTICLE IV – REPRESENTATIONS & WARRANTIES

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

4.2 Voluntariness. Each Party warrants that he or she enters this Agreement voluntarily, without duress or undue influence, and has had the opportunity to consult independent counsel.

4.3 Competency. Each Party is of sound mind and not under the influence of any substance impairing judgment at the time of execution.

4.4 Survival. The representations and warranties herein shall survive the Effective Date and shall not merge into the Final Decree of Divorce.

ARTICLE V – COVENANTS & RESTRICTIONS

5.1 Ongoing Cooperation. The Parties shall execute all documents and take all actions reasonably necessary to carry out the terms of this Agreement, including but not limited to titles, deeds, beneficiary designations, and court forms.

5.2 Non-Disparagement. Neither Party shall disparage the other in the presence of the Child(ren) or on social media platforms.

5.3 Confidentiality. Terms of this Agreement shall remain confidential except as required by law or to enforce the Agreement.

ARTICLE VI – DEFAULT & REMEDIES

6.1 Events of Default. A Party is in default if such Party fails to perform any material obligation herein and does not cure within ten (10) Business Days after receipt of written notice from the non-defaulting Party.

6.2 Remedies. Upon default:
a. Specific Performance. The non-defaulting Party may seek specific performance in the state family court.
b. Contempt & Enforcement. The Parties acknowledge the court’s inherent and statutory powers, including contempt sanctions, to enforce this Agreement.
c. Attorney Fees. The prevailing Party in any enforcement action shall be entitled to recover reasonable attorney fees and costs.

6.3 Cumulative Rights. All rights and remedies are cumulative and not exclusive.

ARTICLE VII – RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from all claims, debts, liabilities, and expenses arising from obligations allocated to the Indemnifying Party herein, provided that such indemnity is limited to the extent of the Indemnifying Party’s Separate Property and the share of Marital Property awarded to that Party (collectively, “Indemnity Cap”).

7.2 Limitation of Liability. Except for intentional misconduct or fraud, neither Party shall be liable to the other for any amount in excess of the Indemnity Cap.

7.3 Force Majeure. A Party shall not be liable for delayed performance caused by events beyond reasonable control (e.g., acts of God, war, pandemic). Monetary obligations are not excused.

ARTICLE VIII – 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 Tennessee (without regard to conflict-of-law principles).

8.2 Exclusive Forum. The [COUNTY] Circuit/Chancery Court, Tennessee, shall have exclusive jurisdiction over all matters arising from or related to this Agreement, except as provided in Section 8.3.

8.3 Arbitration (Limited Availability).
a. Scope. By mutual written agreement executed after a dispute arises, the Parties may submit property or debt-allocation disputes (but not child-related issues) to binding arbitration pursuant to the Tennessee Uniform Arbitration Act, Tenn. Code Ann. § 29-5-301 et seq.
b. Restrictions. Issues of child support, custody, or parenting shall not be arbitrated, consistent with public policy and Tenn. Code Ann. § 36-6-101(a).
c. Award. Any arbitration award may be confirmed by the state family court.

8.4 No Jury Trial. The Parties acknowledge that matters within the jurisdiction of the family court will be decided without a jury.

8.5 Injunctive Relief. Nothing herein limits the court’s power to issue temporary restraining orders or protective orders under Tenn. Code Ann. Title 36, Ch. 3.

ARTICLE IX – GENERAL PROVISIONS

9.1 Amendment & Waiver. This Agreement may be amended only by a written instrument signed by both Parties and approved by the court. No waiver of any provision shall be effective unless in writing.

9.2 Assignment. Neither Party may assign any rights or delegate obligations under this Agreement without prior written consent of the other, except transfer by operation of law upon death.

9.3 Successors & Assigns. This Agreement shall be binding upon, and inure to the benefit of, the Parties and their respective heirs, executors, administrators, personal representatives, and permitted assigns.

9.4 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted, and the court is authorized to reform the invalid provision to conform with the Parties’ intent and applicable law.

9.5 Integration. This Agreement, including all Schedules, constitutes the entire agreement between the Parties and supersedes all prior oral or written understandings regarding the subject matter herein.

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 delivered electronically (e.g., PDF, DocuSign) shall be deemed originals for all purposes.

9.7 Headings. Article and section headings are for convenience only and shall not affect interpretation.

ARTICLE X – EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.

[HUSBAND NAME] – Husband
Date: _____

[WIFE NAME] – Wife
Date: _____

STATE OF TENNESSEE )
COUNTY OF _____ )

On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [HUSBAND NAME] and [WIFE NAME], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.

Witness my hand and official seal.

Notary Public
My Commission Expires: ____

SCHEDULES (ATTACH AS APPLICABLE)

• Schedule A – Real Property Division
• Schedule B – Investments & Cash Accounts
• Schedule C – Retirement & Deferred Compensation Plans
• Schedule D – Allocation of Marital Debts
• Schedule E – Child Support Worksheet
• Schedule F – Permanent Parenting Plan

[// GUIDANCE: Attach Tennessee Supreme Court-approved parenting-plan form, and generate the Child Support Worksheet using the state calculator. Ensure deeds, QDROs, and vehicle titles are prepared concurrently.]