Marital Settlement Agreement (No Children) - Iowa

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Iowa

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 and Retirement
6. Debt Allocation
7. Spousal Support
8. Insurance Provisions
9. Tax Provisions
10. Mutual Releases and Waivers
11. General Provisions
12. Execution and Notarization

1. PARTIES AND RECITALS

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

Petitioner: [________________________________] ("Petitioner")
Date of Birth: [__/__/____]
Address: [________________________________]
County of Residence: [________________________________]

Respondent: [________________________________] ("Respondent")
Date of Birth: [__/__/____]
Address: [________________________________]
County of Residence: [________________________________]

RECITALS:

A. The parties were married on [__/__/____] in [________________________________] (City/County, State).

B. No minor children were born of or adopted during this marriage, and neither party is currently pregnant.

C. There has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved, pursuant to Iowa Code § 598.17.

D. Both parties desire to settle all issues of property disposition and spousal support.

E. Both parties have made full and complete financial disclosure as required by Iowa Code § 598.13.

F. Both parties have had the opportunity to retain independent legal counsel.

2. SEPARATION AND GROUNDS

2.1. The parties certify that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

2.2. The parties separated on or about [__/__/____].

2.3. This Agreement shall be submitted to the Iowa District Court for [________________________________] County for incorporation into the Decree of Dissolution.

3. DIVISION OF REAL PROPERTY

3.1. Marital Residence:
The real property located at [________________________________] shall be awarded to:

☐ Petitioner
☐ Respondent
☐ The property shall be sold and net proceeds divided as follows: [________________________________]

3.2. The party not retaining the residence shall execute a quitclaim deed within [____] days of entry of the Decree. If the Decree orders a transfer of title to the residence, the clerk of court shall issue and deliver the certificate for recording under Iowa Code § 598.21(3).

3.3. The party retaining the residence shall assume sole responsibility for the mortgage, property taxes, insurance, and maintenance.

3.4. Other Real Property:

4. DIVISION OF PERSONAL PROPERTY

4.1. Each party shall retain the personal property currently in their possession.

4.2. The following specific items shall be distributed as follows:

To Petitioner:

• [________________________________]
• [________________________________]
• [________________________________]

To Respondent:

• [________________________________]
• [________________________________]
• [________________________________]

4.3. Vehicles:

4.4. Each party shall execute all documents necessary to transfer title within [____] days of entry of the Decree.

5. DIVISION OF FINANCIAL ACCOUNTS AND RETIREMENT

5.1. Bank Accounts:

5.2. Retirement and Pension Accounts:

5.3. Where a QDRO is required, the parties shall cooperate in preparation and submission. The cost shall be borne by [________________________________].

5.4. Investment and Brokerage Accounts:

6. DEBT ALLOCATION

6.1. The parties agree to allocate debts as follows:

Petitioner shall assume and pay:

Respondent shall assume and pay:

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

6.3. Neither party shall incur further debt in the other party's name.

7. SPOUSAL SUPPORT

7.1. The parties agree to the following regarding spousal support:

☐ No Spousal Support. Neither party shall pay support to the other. Each party waives any claim for support.

☐ Traditional/Indefinite Support. [________________] shall pay [________________] the sum of $[________] per month beginning [__/__/____] until [date or event stated in the decree: ________________], subject to further order of the Court.

☐ Rehabilitative Support. [________________] shall pay [________________] the sum of $[________] per month beginning [__/__/____] and ending [__/__/____], to allow the recipient to acquire education or training for employment.

☐ Reimbursement Support. [________________] shall pay [________________] a lump sum of $[________] as reimbursement for contributions to the other party's education during the marriage.

7.2. The duration and termination of support are governed by the selected award's stated terms and any later court order. Remarriage may be considered on a motion to modify periodic support under Iowa Code § 598.21C(1)(g); it does not automatically terminate every award. A reimbursement lump sum is payable on the terms stated above.

7.3. For periodic support, the parties request (subject to court approval):
☐ Modification as permitted by Iowa Code § 598.21C.
☐ A nonmodifiable term, to the extent the law and decree permit.

8. INSURANCE PROVISIONS

8.1. Health Insurance: Each party shall be responsible for their own health insurance upon entry of the Decree.

8.2. Life Insurance:

☐ Neither party is required to maintain life insurance for the other.
☐ [________________] shall maintain a policy with a minimum death benefit of $[________] naming [________________] as beneficiary until all support obligations are satisfied.

8.3. Auto Insurance: Each party shall maintain insurance on vehicles awarded to them.

9. TAX PROVISIONS

9.1. Prior Year Returns: For the tax year [____], the parties shall:

☐ File jointly and divide any refund or liability equally.
☐ File jointly and divide any refund or liability as follows: [________________________________].
☐ File separately.

9.2. Each party shall be responsible for their own tax obligations for years following dissolution.

9.3. Each party shall indemnify and hold harmless the other from tax liability arising from misrepresentations on joint returns.

10. MUTUAL RELEASES AND WAIVERS

10.1. Except as provided herein, each party releases the other from all claims arising from the marriage.

10.2. Each party waives rights to inherit from the other's estate, including any elective share under Iowa Code §§ 633.236–633.246.

10.3. Each party shall update estate planning documents within [____] days of the Decree.

10.4. Pursuant to Iowa Code § 598.20, upon dissolution, the parties forfeit all rights acquired by marriage not specifically preserved in the Decree.

11. GENERAL PROVISIONS

11.1. Entire Agreement. This Agreement constitutes the complete understanding between the parties.

11.2. Modifications. Property division is NOT subject to modification per Iowa Code § 598.21(7). Spousal support provisions may be modified as stated in Section 7.

11.3. Governing Law. This Agreement shall be governed by Iowa Code Chapter 598.

11.4. Severability. Invalid provisions shall not affect the remainder of this Agreement.

11.5. Incorporation into Decree. The parties request incorporation into the Decree of Dissolution.

11.6. Voluntary Execution. Each party signs voluntarily, free from duress, fraud, or undue influence.

11.7. Attorney Fees. Each party shall pay their own attorney fees unless otherwise ordered.

11.8. Name Restoration:

☐ Petitioner requests restoration of former name: [________________________________]
☐ Respondent requests restoration of former name: [________________________________]
☐ Neither party requests name restoration.

12. EXECUTION AND NOTARIZATION

PETITIONER'S OATH AND SIGNATURE

I, [________________________________], certify under penalty of perjury and pursuant to the laws of the State of Iowa that I have read this Settlement Agreement and it accurately states how I would like the Court to address the issues in my dissolution. I know I have the right to consult with an attorney about this Agreement. I am voluntarily signing this Agreement.

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]
Mailing Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]

RESPONDENT'S OATH AND SIGNATURE

I, [________________________________], certify under penalty of perjury and pursuant to the laws of the State of Iowa that I have read this Settlement Agreement and it accurately states how I would like the Court to address the issues in my dissolution. I know I have the right to consult with an attorney about this Agreement. I am voluntarily signing this Agreement.

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]
Mailing Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]

NOTARIZATION

STATE OF IOWA
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________], [____], personally appeared [________________________________] (Petitioner) and [________________________________] (Respondent), known to me or proved on the basis of satisfactory evidence to be the persons whose names are subscribed above, and acknowledged execution of this Agreement.

Notary Public Signature: ________________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]

IOWA-SPECIFIC NOTES

1. Equitable Distribution: Iowa divides property equitably but not necessarily equally. All property is subject to division except inherited and gifted property (§ 598.21(6)), unless refusal to divide would be inequitable.

2. 90-Day Waiting Period: Iowa generally requires 90 days to elapse from service of the original notice, the last day of publication, or filing a waiver or acceptance of original notice before the Decree can be entered; court-ordered conciliation may extend the period, and the court may allow an earlier decree on a supported finding of emergency or necessity (§ 598.19).

3. Financial Affidavits Required: Both parties must file Financial Affidavits on official court forms (§ 598.13).

4. Property Division Not Modifiable: Property divisions under Chapter 598 are final and not subject to modification (§ 598.21(7)).

5. Spousal Support Modifiable: Support orders may be modified upon substantial change in circumstances (§ 598.21C).

6. Residency Allegation: Unless the respondent is an Iowa resident personally served, the dissolution petition must state that the petitioner has been an Iowa resident for the last year after deducting all absences (§ 598.5(1)(k)). Venue is in the county where either party resides (§ 598.2).

7. Forfeiture of Marital Rights: Upon dissolution, parties forfeit all rights acquired by marriage not preserved in the Decree (§ 598.20).

This template is provided for informational and educational purposes only by ezel.ai. It does not constitute legal advice. Consult an Iowa-licensed attorney before use.