Marital Settlement Agreement (No Children) - Delaware

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN) — DELAWARE

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. Delaware Jurisdictional Notes

1. PARTIES AND RECITALS

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

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

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

The Parties were lawfully married on [__/__/____] in [________________________________] (city/county, state). 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

The marriage is irretrievably broken. The Parties assert the following ground(s):

☐ Voluntary separation — the Parties have voluntarily lived separate and apart without cohabitation.
☐ Separation caused by respondent's misconduct (specify): [________________________________]
☐ Incompatibility — the Parties have lived separate and apart for at least six (6) months due to incompatibility.

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

☐ A QDRO shall be prepared and submitted for applicable retirement accounts.
☐ 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:

• Amount: $[________] per ☐ week ☐ month
• Duration: From [__/__/____] to [__/__/____]
• Marriage Duration: [____] years → Maximum Alimony Eligibility: [____] years (50% of marriage term)
• Payment Method: [________________________________]

Termination Events (13 Del. C. § 1519):
☐ Death of either Party
☐ Remarriage of the receiving Party
☐ Cohabitation of the receiving Party with another adult in a relationship analogous to marriage
☐ Expiration of the term specified above
☐ Other: [________________________________]

☐ Both Parties waive any right to seek alimony in the future, understanding that this waiver is final and non-modifiable.

9. INSURANCE PROVISIONS

Health Insurance:
☐ Each Party shall maintain his/her own health insurance following the divorce.
☐ [SPOUSE] shall maintain coverage for the other Party for [____] months through COBRA or equivalent.

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 file separately for the tax year [____] and thereafter.
☐ 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. Each Party waives all rights to claim as an heir or beneficiary in the estate of the other.

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. This Agreement shall be incorporated into and made part of the Final Decree of Divorce.

13. EXECUTION AND NOTARIZATION

SPOUSE 1:

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

SPOUSE 2:

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

NOTARY ACKNOWLEDGMENT

STATE OF DELAWARE
COUNTY OF [________________]

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. DELAWARE JURISDICTIONAL NOTES

• Residency: At least one spouse must have been a Delaware resident (or military member stationed in Delaware) for 6 months before filing (13 Del. C. § 1504).
• Waiting Period: No statutory waiting period after filing; however, the ground of incompatibility requires at least 6 months of living separate and apart.
• Grounds: Irretrievable breakdown is the sole ground, demonstrated by: voluntary separation, separation caused by misconduct (adultery, abuse, desertion), mental illness requiring 2+ years of institutional care, or incompatibility with 6+ months separation (13 Del. C. § 1505).
• Property Classification: Equitable distribution; marital property divided in proportions deemed just (13 Del. C. § 1513). All property acquired during marriage is presumed marital. Gifts from one spouse to the other remain marital property. Gifts/inheritance from third parties are separate.
• Alimony: Available only to a "dependent party" who lacks property and earning ability. Duration capped at 50% of the marriage term; no cap for marriages of 20+ years (13 Del. C. § 1512). Terminates on remarriage, cohabitation, or death (§ 1519).
• Filing: Family Court of the State of Delaware; file in the county where either party resides.

This template is provided for informational purposes by ezel.ai and does not constitute legal advice. Consult a licensed Delaware attorney before executing this document.