Marital Settlement Agreement (No Children) - District of Columbia

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN) — DISTRICT OF COLUMBIA

TABLE OF CONTENTS

1. Parties and Recitals
2. Separation and Grounds
3. Division of Real Property
4. Division of Personal Property
5. Division of Financial Accounts
6. Retirement and Pension Benefits
7. Debt Allocation
8. Alimony
9. Insurance Provisions
10. Tax Filing and Obligations
11. Mutual Release and Waiver
12. Integration and Severability
13. Execution and Notarization
14. District of Columbia Jurisdictional Notes

1. PARTIES AND RECITALS

This Marital Settlement Agreement ("Agreement") is entered into on [__/__/____] by and between:

Spouse 1 (Plaintiff): [________________________________] (DOB: [__/__/____])
Address: [________________________________]

Spouse 2 (Defendant): [________________________________] (DOB: [__/__/____])
Address: [________________________________]

The Parties were lawfully married on [__/__/____] in [________________________________] (city/state/jurisdiction). The Parties separated on or about [__/__/____]. There are no minor or dependent children born of or adopted during this marriage, and neither Party is currently pregnant. Both Parties have made full and fair financial disclosure, have had the opportunity to consult with independent legal counsel, and enter this Agreement voluntarily and without coercion.

2. SEPARATION AND GROUNDS

One or both Parties assert that they no longer wish to remain married.

3. DIVISION OF REAL PROPERTY

Marital Residence: [________________________________]

• Fair Market Value: $[________] | Mortgage Balance: $[________]

☐ Spouse 1 shall retain the marital residence and refinance the mortgage solely in his/her name within [____] days of the Final Decree.
☐ Spouse 2 shall retain the marital residence and refinance the mortgage solely in his/her name within [____] days of the Final Decree.
☐ The marital residence shall be listed for sale within [____] days; net proceeds divided as follows: [________________________________].
☐ No real property is owned by the Parties.

Other Real Property: [________________________________]
Disposition: [________________________________]

The retaining Party shall execute all deeds, title transfers, and related documents within [____] days of the Final Decree.

4. DIVISION OF PERSONAL PROPERTY

Vehicles:

The Party receiving a vehicle shall be responsible for all associated loan payments, insurance, and registration.

Household Furnishings and Personal Effects:

☐ The Parties have already divided personal property to their mutual satisfaction.
☐ Division per attached Exhibit A — Personal Property Schedule.

5. DIVISION OF FINANCIAL ACCOUNTS

6. RETIREMENT AND PENSION BENEFITS

☐ The Parties shall prepare any separate retirement division order required by the applicable plan or administrator.
☐ Each Party retains his/her own retirement accounts without division.

7. DEBT ALLOCATION

The responsible Party shall indemnify and hold harmless the other Party from any liability arising from the debts assigned above. Neither Party shall incur additional joint debt from the date of this Agreement.

8. ALIMONY

☐ Neither Party shall pay alimony to the other.
☐ [PAYOR SPOUSE] shall pay [RECIPIENT SPOUSE] as follows:

• Type: ☐ Term-Limited ☐ Indefinite ☐ Lump-Sum ☐ Rehabilitative
• Amount: $[________] per ☐ week ☐ month
• Duration: From [__/__/____] to [__/__/____]
• Payment Method: [________________________________]

Termination Events:
☐ Death of either Party
☐ Remarriage of the receiving Party
☐ Cohabitation of the receiving Party in a marriage-like relationship
☐ Other: [________________________________]

☐ Both Parties agree to waive alimony claims against each other and request that the court approve this waiver in the final decree. Any later effect or modification of the decree is governed by applicable law.

9. INSURANCE PROVISIONS

Health Insurance:
☐ Each Party shall maintain his/her own health insurance following the divorce.
☐ If the other Party obtains continuation coverage under an available plan, [SPOUSE] shall reimburse [AMOUNT OR PERCENTAGE] of its premium for [____] months, subject to the plan’s terms and applicable law.

Life Insurance:
☐ Not applicable.
☐ [SPOUSE] shall maintain a life insurance policy in the amount of $[________] naming the other Party as beneficiary for [____] years to secure alimony/property obligations.

10. TAX FILING AND OBLIGATIONS

☐ The Parties shall file jointly for the tax year [____], with refunds/liabilities split as follows: [________________________________].
☐ Each Party shall use an individual filing status for the tax year [____], if required or eligible under applicable tax law.
☐ The Parties shall cooperate in the filing of any amended returns as necessary.

Each Party shall indemnify the other for any tax liability, penalties, or interest arising from his/her own income or deductions.

11. MUTUAL RELEASE AND WAIVER

Each Party hereby releases and forever discharges the other from all claims, rights, and demands of every kind arising from the marital relationship, including but not limited to claims for property, support, inheritance, and marital interests, except as specifically provided in this Agreement. The Parties shall complete any separate beneficiary designation or estate waiver required to carry out their intended estate arrangement.

12. INTEGRATION AND SEVERABILITY

This Agreement constitutes the entire understanding between the Parties. It supersedes all prior negotiations, representations, and agreements. If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect. The Parties shall present this Agreement to the court and request inclusion of its approved terms in the Final Decree of Divorce.

13. EXECUTION AND NOTARIZATION

SPOUSE 1:

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

SPOUSE 2:

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

NOTARY ACKNOWLEDGMENT

DISTRICT OF COLUMBIA

Before me, the undersigned Notary Public, on this [____] day of [________________], [____], personally appeared [________________________________] and [________________________________], known to me (or proved on the basis of satisfactory evidence) to be the persons whose names are subscribed herein, and acknowledged that they executed the same voluntarily for the purposes therein stated.

Notary Public: ________________________________
My Commission Expires: [__/__/____]
[SEAL]

14. DISTRICT OF COLUMBIA JURISDICTIONAL NOTES

• Residency: Ordinarily, at least one spouse must have been a bona fide District resident for the 6 months immediately before filing. D.C. Code § 16-902(b) has a narrow exception for certain same-gender marriages performed in the District when neither spouse resides in a jurisdiction that will maintain a divorce action.
• Separation Period: D.C. Code § 16-904(a) no longer makes a period of separation a condition for divorce.
• Grounds: No-fault only — one or both parties assert they no longer wish to remain married (D.C. Code § 16-904(a), as amended).
• Property Classification: Equitable distribution (D.C. Code § 16-910). Separate property acquired before marriage or by gift, bequest, devise, or descent, including its increases and property acquired in exchange, is assigned to its owner. Other property and debt accumulated during marriage are distributed equitably unless addressed in a valid antenuptial or postnuptial agreement or legal-separation decree.
• Tenancy by the Entirety: D.C. Code § 16-910(a)(2) includes property and debt accumulated during marriage in equitable distribution regardless of title, including title held as tenants by the entirety, unless addressed in a valid antenuptial or postnuptial agreement or a decree of legal separation.
• Abuse Consideration: As of January 2024, courts must consider any history of physical, emotional, or financial abuse when distributing property.
• Alimony: Indefinite or term-limited; nine statutory factors (D.C. Code § 16-913). No formula; broad judicial discretion.
• Retirement Orders: If a plan or administrator requires a separate order to divide retirement benefits, prepare the required order and submit it through the applicable process.
• Filing: Superior Court of the District of Columbia.

This template is provided for informational purposes by ezel.ai and does not constitute legal advice. Consult an attorney licensed in the District of Columbia before executing this document.