MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of California

TABLE OF CONTENTS

1. Parties and Recitals
2. Jurisdiction and Venue
3. Division of Community Property — Real Property
4. Division of Community Property — Personal Property
5. Division of Community Property — Vehicles
6. Division of Community Property — Financial Accounts
7. Division of Community Property — Retirement and Pension
8. Confirmation of Separate Property
9. Division of Community Debts and Obligations
10. Spousal Support
11. Insurance Provisions
12. Tax Filing and Obligations
13. Mutual Releases and Waivers
14. Integration and Merger
15. General Provisions
16. Execution and Acknowledgment
17. California-Specific Notes

1. PARTIES AND RECITALS

Petitioner: [FULL LEGAL NAME] ("Petitioner")
Respondent: [FULL LEGAL NAME] ("Respondent")

Case Number: [________________________________]
Court: Superior Court of California, County of [________________________________]

The parties state and agree as follows:

a. The parties were lawfully married on [__/__/____] in [CITY, COUNTY, STATE/COUNTRY].

b. The parties separated on [__/__/____].

c. There are no minor children born of or adopted during this marriage, and no party is currently pregnant.

d. Both parties have completed and exchanged Preliminary Declarations of Disclosure pursuant to Cal. Fam. Code § 2104, and each party has had a full opportunity to review the other's financial information.

e. Both parties have had the opportunity to consult with independent legal counsel.

f. This agreement is entered into voluntarily, without fraud, duress, or undue influence.

2. JURISDICTION AND VENUE

a. ☐ Petitioner / ☐ Respondent has been a resident of the State of California for at least six (6) months and of the County of [________________________________] for at least three (3) months immediately preceding the filing of the Petition for Dissolution, satisfying Cal. Fam. Code § 2320.

b. The court has jurisdiction over the parties and the subject matter of this action.

3. DIVISION OF COMMUNITY PROPERTY — REAL PROPERTY

a. The following real property shall be awarded to Petitioner:

b. The following real property shall be awarded to Respondent:

c. ☐ The parties shall sell the following property and divide net proceeds equally:
Property: [________________________________]

d. The party receiving real property shall execute or cause to be executed all documents necessary to effectuate the transfer, including interspousal transfer deeds, within [____] days of the entry of judgment.

4. DIVISION OF COMMUNITY PROPERTY — PERSONAL PROPERTY

a. Each party shall retain all personal property currently in their possession unless otherwise specified herein.

b. The following items are specifically awarded to Petitioner:
[________________________________]

c. The following items are specifically awarded to Respondent:
[________________________________]

d. ☐ An equalizing payment of $[________] shall be paid by ☐ Petitioner / ☐ Respondent to the other party on or before [__/__/____].

5. DIVISION OF COMMUNITY PROPERTY — VEHICLES

The party receiving each vehicle shall be solely responsible for all payments, insurance, registration, and liabilities associated with that vehicle.

6. DIVISION OF COMMUNITY PROPERTY — FINANCIAL ACCOUNTS

7. DIVISION OF COMMUNITY PROPERTY — RETIREMENT AND PENSION

a. The community property interest in the following retirement/pension accounts shall be divided:

b. The community property interest shall be calculated using the ☐ time rule / ☐ direct tracing / ☐ other method: [________________________________].

c. Each party shall retain as their separate property any retirement benefits earned before marriage and after the date of separation.

d. The parties shall cooperate in the preparation and filing of any QDRO or DRO necessary to effectuate this division.

8. CONFIRMATION OF SEPARATE PROPERTY

Each party confirms that the following is their separate property and waives any claim thereto:

Petitioner's Separate Property: [________________________________]

Respondent's Separate Property: [________________________________]

9. DIVISION OF COMMUNITY DEBTS AND OBLIGATIONS

Each party shall indemnify and hold harmless the other party from any liability on debts allocated to them.

10. SPOUSAL SUPPORT

Select one:

☐ a. Waiver of Spousal Support. Each party forever waives the right to receive spousal support from the other. This waiver is made with full knowledge of the factors set forth in Cal. Fam. Code § 4320 and is a material term of this agreement.

☐ b. Spousal Support Shall Be Paid.
- Payor: ☐ Petitioner / ☐ Respondent
- Amount: $[________] per month
- Type: ☐ Temporary / ☐ Rehabilitative / ☐ Permanent
- Commencement Date: [__/__/____]
- Termination Date: [__/__/____] or upon the earliest of: death of either party, remarriage of the supported party, or further order of the court.
- Payment Method: [________________________________]

☐ c. Reservation of Jurisdiction. The court shall retain jurisdiction over the issue of spousal support for both parties pursuant to Cal. Fam. Code § 4336.

11. INSURANCE PROVISIONS

a. Health Insurance: ☐ Petitioner / ☐ Respondent shall maintain health insurance coverage for the other party through [__/__/____] or ☐ each party shall be responsible for their own health insurance upon entry of judgment.

b. Life Insurance: ☐ Petitioner / ☐ Respondent shall maintain a life insurance policy with a death benefit of at least $[________] naming the other party as beneficiary to secure spousal support obligations through [__/__/____].

12. TAX FILING AND OBLIGATIONS

a. For the tax year [____], the parties shall file: ☐ Jointly / ☐ Married Filing Separately.

b. Any tax refund for jointly filed returns shall be divided as follows: [________________________________].

c. Any tax liability for jointly filed returns shall be allocated as follows: [________________________________].

d. Each party shall indemnify the other for any tax liability arising from their individual income or deductions.

13. MUTUAL RELEASES AND WAIVERS

a. Except as otherwise provided herein, each party releases and forever discharges the other from all claims, demands, obligations, and causes of action of every kind, whether known or unknown, arising out of the marital relationship.

b. Each party waives the protections of California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

c. Each party waives any right to share in the estate of the other upon death, including community property rights, quasi-community property rights, and rights under the California Probate Code.

14. INTEGRATION AND MERGER

a. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements.

b. This Agreement shall be incorporated into and merged with the Judgment of Dissolution. However, it shall also survive as an independent contract enforceable under California law.

c. No modification shall be effective unless in writing and signed by both parties.

15. GENERAL PROVISIONS

a. Governing Law: This Agreement shall be governed by the laws of the State of California.

b. Severability: If any provision is found unenforceable, the remaining provisions shall continue in full force.

c. Attorney's Fees: In any action to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs.

d. Cooperation: Each party shall execute all documents necessary to carry out the terms of this Agreement.

e. Fiduciary Duties: Both parties acknowledge their fiduciary duties under Cal. Fam. Code §§ 721 and 1100 and represent full and complete disclosure.

16. EXECUTION AND ACKNOWLEDGMENT

Each party represents that they have read this Agreement, understand its terms, and sign it voluntarily.

PETITIONER:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

RESPONDENT:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

NOTARIZATION (Recommended for real property transfers)

State of California
County of [________________________________]

On [__/__/____], before me, [________________________________], Notary Public, personally appeared [________________________________], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies).

WITNESS my hand and official seal.

Notary Signature: ________________________________
Commission Expires: [__/__/____]

[NOTARIAL SEAL]

(Repeat for second party)

17. CALIFORNIA-SPECIFIC NOTES

• Waiting Period: California imposes a mandatory six (6) month waiting period from service of the Petition before a dissolution can be finalized (Cal. Fam. Code § 2339). The MSA may be finalized before this period ends but the judgment will not be entered until the six months expire.
• Residency: At least one party must have been a California resident for six (6) months and a resident of the county of filing for three (3) months (Cal. Fam. Code § 2320).
• Disclosure Requirements: Both parties MUST exchange Preliminary Declarations of Disclosure (Form FL-140) and Income and Expense Declarations (Form FL-150). Final Declarations of Disclosure (Form FL-141) may be waived by stipulation per Cal. Fam. Code § 2105(d).
• Community Property Presumption: All property acquired during marriage is presumed community property. The burden is on the party claiming separate property to prove it by a preponderance of the evidence.
• Retirement Accounts: California uses the "time rule" to calculate the community interest in retirement accounts. A QDRO is required for ERISA-governed plans; a DRO is used for government plans such as CalPERS and CalSTRS.
• Filing: This agreement should be attached to the Judgment (Form FL-180) and filed with the court along with the required forms (FL-141/FL-150 or stipulation waiving final disclosure).

SOURCES AND REFERENCES

• California Family Code §§ 2100-2113 (Disclosure)
• California Family Code §§ 2550-2556 (Community Property Division)
• California Family Code §§ 4320-4326 (Spousal Support)
• California Family Code § 2339 (Waiting Period)
• California Family Code § 2610 (Retirement Plan Division)
• California Civil Code § 1542 (General Release)
• California Judicial Council Forms: FL-100, FL-110, FL-140, FL-141, FL-150, FL-180

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed California attorney before use.