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

☐ The Parties shall obtain any domestic-relations order required for the plans marked “Split.” For Hawai‘i Employees' Retirement System benefits, seek a Hawai‘i domestic relations order satisfying HRS § 88-93.5; use a QDRO only for a plan to which that order applies.
☐ 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: payments due afterward terminate under HRS § 580-51 unless the decree or a decree-approved agreement specifically continues them. The receiving Party shall give the notice required by § 580-51(b).
☐ Cohabitation of the receiving Party in a marriage-like relationship, if this condition is approved in the decree
☐ Other: [________________________________]

☐ The Parties request that the Court approve a mutual waiver of spousal maintenance, subject to the decree and 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 maintenance/property obligations.

10. TAX FILING AND OBLIGATIONS

☐ The Parties shall file jointly for the tax year [____] only if eligible under applicable tax law, 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

Subject to Court approval and the final decree, each Party releases marital property and support claims against the other except as preserved in this Agreement. Any estate or beneficiary rights are governed by the decree, HRS § 580-56, applicable law, and the relevant estate or account documents; each Party shall review those documents separately.

12. INTEGRATION AND SEVERABILITY

This Agreement constitutes the Parties' proposed settlement of the matters addressed here. It supersedes prior negotiations about those matters, but does not itself cancel a premarital agreement unless the Parties identify that agreement and the Court approves the treatment. If any provision is found invalid or unenforceable, the remaining provisions shall continue to the extent permitted by law. The Parties request incorporation of approved terms into 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

• Divorce jurisdiction: For an ordinary divorce action, HRS § 580-1(a) places original jurisdiction in the family court of the circuit where the applicant is domiciled when filing, subject to its stated exceptions and venue rule. Physical presence for three months is the provision for annulment and separation, not ordinary divorce.
• Grounds and proof: HRS § 580-41 lists four alternative grounds, including irretrievable breakdown and specified separation grounds. The Court must receive exact legal proof even when the matter is uncontested (HRS § 580-5).
• Property: HRS § 580-47 permits the Court to divide real, personal, joint, and separate property. A schedule label alone does not settle classification or distribution. Under HRS § 580-56(a), the decree finally divides property unless it expressly reserves final division.
• Spousal maintenance: HRS § 580-51(a) ordinarily ends payments due after the recipient remarries unless the decree or decree-approved agreement specifically continues them; subsection (b) requires a notice to the Court and former paying party within thirty days.
• Retirement and filing: Identify each retirement system and prepare the order it accepts; HRS § 88-93.5 governs Hawai‘i Employees' Retirement System orders. File the settlement in the divorce action before the family court with jurisdiction.

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.