Marital Settlement Agreement (No Children) - Hawaii

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN) — HAWAII

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. Spousal Support / Maintenance
9. Insurance Provisions
10. Tax Filing and Obligations
11. Mutual Release and Waiver
12. Integration and Severability
13. Execution and Notarization
14. Hawaii 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/island/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

Select the ground counsel will ask the family court to find under HRS § 580-41:

☐ The marriage is irretrievably broken.
☐ The Parties have lived separate and apart under a decree of separation from bed and board entered by a court of competent jurisdiction; the separation term has expired; and no reconciliation has occurred.
☐ The Parties have lived separate and apart for at least two (2) years under a decree of separate maintenance entered by a court of competent jurisdiction, and no reconciliation has occurred.
☐ The Parties have lived separate and apart continuously for at least two (2) years immediately before the application; there is no reasonable likelihood that cohabitation will resume; and the court is satisfied that granting a divorce on this ground would not be harsh and oppressive to the defendant or contrary to the public interest.

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. SPOUSAL SUPPORT / MAINTENANCE

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

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

Termination Events:
☐ Death of either Party
☐ Remarriage of the receiving Party (HRS § 580-51)
☐ Cohabitation of the receiving Party in a marriage-like relationship
☐ Other: [________________________________]

☐ Both Parties waive any right to seek spousal maintenance 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 maintenance/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, including any premarital agreements except to the extent specifically preserved herein. 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 Divorce Decree.

13. EXECUTION AND NOTARIZATION

SPOUSE 1:

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

SPOUSE 2:

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

NOTARY ACKNOWLEDGMENT

STATE OF HAWAII
COUNTY/ISLAND 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: [__/__/____]
Document Date: [__/__/____]
Number of Pages: [____]
[SEAL]

14. HAWAII JURISDICTIONAL NOTES

• Residency: Filing spouse must have been domiciled or physically present in Hawaii for 3 months; at least one spouse must have been a Hawaii resident for 6 months before the divorce is finalized (HRS § 580-1).
• Waiting Period: No specific statutory waiting period after filing, but the court must be satisfied the marriage is irretrievably broken.
• Grounds: No-fault only — irretrievable breakdown of the marriage (HRS § 580-41). May be demonstrated by 2+ years of separation without cohabitation, or other evidence of irretrievable breakdown.
• Property Classification: Equitable distribution under the "Marital Partnership Model" (HRS § 580-47). Both spouses' contributions (financial and non-financial) are considered. Marital misconduct is NOT a factor.
• Separate Property: Property owned before marriage, or acquired during marriage by gift/inheritance, and expressly classified as separate property and maintained separately.
• Premarital Agreements: Governed by the Hawaii Uniform Premarital Agreement Act (HUPAA), HRS Chapter 572D.
• Spousal Maintenance: Court may order maintenance for indefinite or specific duration; terminates on remarriage (HRS § 580-51). No statutory formula.
• Military Considerations: Hawaii has a large military population; ensure compliance with USFSPA for military retirement benefits.
• Filing: Family Court of the Circuit Court; file in the circuit where the plaintiff resides.

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