Marital Settlement Agreement (No Children) - Idaho
MARITAL SETTLEMENT AGREEMENT (NO CHILDREN) — IDAHO
TABLE OF CONTENTS
- Parties and Recitals
- Separation and Grounds
- Division of Real Property
- Division of Personal Property
- Division of Financial Accounts
- Retirement and Pension Benefits
- Debt Allocation
- Spousal Maintenance
- Insurance Provisions
- Tax Filing and Obligations
- Mutual Release and Waiver
- Integration and Severability
- Execution and Notarization
- Idaho 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/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 Parties have irreconcilable differences which have caused the irremediable breakdown of the marriage.
3. DIVISION OF REAL PROPERTY
Marital Residence: [________________________________]
- Fair Market Value: $[________] | Mortgage Balance: $[________]
- Community/Separate Property Designation: ☐ Community ☐ Separate ☐ Mixed
☐ 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: [________________________________]
- Community/Separate Property Designation: ☐ Community ☐ Separate ☐ Mixed
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:
| Vehicle | Year/Make/Model | VIN | Lien Balance | Community/Separate | Awarded To |
|---|---|---|---|---|---|
| Vehicle 1 | [________________] | [________________] | $[________] | ☐ C ☐ S | ☐ Spouse 1 ☐ Spouse 2 |
| Vehicle 2 | [________________] | [________________] | $[________] | ☐ C ☐ S | ☐ Spouse 1 ☐ Spouse 2 |
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
| Account Type | Institution | Approx. Value | Community/Separate | Awarded To |
|---|---|---|---|---|
| Checking | [________________] | $[________] | ☐ C ☐ S | ☐ Spouse 1 ☐ Spouse 2 |
| Savings | [________________] | $[________] | ☐ C ☐ S | ☐ Spouse 1 ☐ Spouse 2 |
| Investment/Brokerage | [________________] | $[________] | ☐ C ☐ S | ☐ Spouse 1 ☐ Spouse 2 |
| Other | [________________] | $[________] | ☐ C ☐ S | ☐ Spouse 1 ☐ Spouse 2 |
6. RETIREMENT AND PENSION BENEFITS
| Plan Type | Plan Name/Administrator | Approx. Community Value | Awarded To |
|---|---|---|---|
| 401(k) | [________________] | $[________] | ☐ Spouse 1 ☐ Spouse 2 ☐ Split |
| Pension/PERSI | [________________] | $[________] | ☐ Spouse 1 ☐ Spouse 2 ☐ Split |
| IRA | [________________] | $[________] | ☐ Spouse 1 ☐ Spouse 2 ☐ Split |
☐ A QDRO shall be prepared and submitted for applicable retirement accounts.
☐ Each Party retains his/her own retirement accounts without division.
7. DEBT ALLOCATION
| Debt Description | Creditor | Balance | Community/Separate | Responsible Party |
|---|---|---|---|---|
| [________________] | [________________] | $[________] | ☐ C ☐ S | ☐ Spouse 1 ☐ Spouse 2 |
| [________________] | [________________] | $[________] | ☐ C ☐ S | ☐ Spouse 1 ☐ Spouse 2 |
| [________________] | [________________] | $[________] | ☐ C ☐ S | ☐ Spouse 1 ☐ Spouse 2 |
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 community debt from the date of this Agreement.
8. SPOUSAL MAINTENANCE
☐ Neither Party shall pay spousal maintenance to the other.
☐ [PAYOR SPOUSE] shall pay [RECIPIENT SPOUSE] as follows:
- Type: ☐ Rehabilitative/Short-Term ☐ Long-Term ☐ Lump-Sum
- 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
☐ Receiving Party becoming self-supporting
☐ 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 community 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 and relinquishes all community property interests in the other Party's property as assigned herein.
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 Judgment and Decree of Divorce.
13. EXECUTION AND NOTARIZATION
SPOUSE 1:
Signature: ________________________________ Date: [__/__/____]
Printed Name: [________________________________]
SPOUSE 2:
Signature: ________________________________ Date: [__/__/____]
Printed Name: [________________________________]
NOTARY ACKNOWLEDGMENT
STATE OF IDAHO
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: ________________________________
Residing at: [________________________________]
My Commission Expires: [__/__/____]
[SEAL]
14. IDAHO JURISDICTIONAL NOTES
- Residency: The filing spouse must have been a bona fide resident of Idaho for 6 full weeks (42 days) before filing (Idaho Code § 32-701).
- Waiting Period: 20 days from service of process before a default or uncontested decree may be entered (Idaho Rules of Family Law Procedure).
- Grounds: No-fault (irreconcilable differences) or fault-based including adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of a felony, or permanent insanity (Idaho Code § 32-603).
- Property Classification: COMMUNITY PROPERTY state. All property acquired during the marriage is presumed community property and subject to substantially equal division (Idaho Code §§ 32-712, 32-906). Separate property includes property owned before marriage and property acquired by gift, bequest, devise, or descent.
- Commingling: If separate property is commingled with community property, it may lose its separate character and become subject to division.
- Spousal Maintenance: Available only if the requesting spouse lacks sufficient property and is unable to become self-supporting (Idaho Code § 32-705). No statutory formula; court considers standard of living, marriage duration, age, health, earning capacity, and fault.
- PERSI: Idaho public employees may have PERSI retirement benefits requiring specific court orders for division.
- Filing: District Court in the county where the defendant resides or, if the defendant is a nonresident, in the county where the plaintiff resides.
This template is provided for informational purposes by ezel.ai and does not constitute legal advice. Consult a licensed Idaho attorney before executing this document.
About this template
- Last updated
- September 24, 2026
- Jurisdiction
- Idaho
- Category
- Family Law
Legal authority
- Idaho Code § 32-712 (Division of Community Property)
- Idaho Code § 32-705 (Spousal Maintenance)
- Idaho Code § 32-603 (Grounds for Divorce)
- Idaho Code § 32-701 (Jurisdiction and Residency)
- Idaho Code § 32-906 (Community Property Definition)
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
Idaho Code § 32-903 (checked August 23, 2026): "Property owned before marriage and property acquired afterward by gift, bequest, devise, descent, or with separate-property proceeds remains the owning spouse's separate property."
Idaho Code § 32-906 (checked August 23, 2026): "All other property acquired after marriage is community property. The section separately addresses income from property, written agreements concerning separate character, and conveyances between spouses."
Idaho Code § 32-712 (checked August 23, 2026): "The court assigns community property in proportions it deems just after considering all facts and the parties' condition. Unless compelling reasons support another result, the division in value, considering debts, is substantially equal; the statute lists nonexclusive factors and separate homestead routes."
Idaho Code § 32-705 (checked August 23, 2026): "The court may grant maintenance if the spouse seeking it lacks sufficient property for reasonable needs and cannot support himself or herself through employment. Amount and duration depend on all relevant factors, including the listed resources, training time, marriage duration, age and condition, payor ability, tax consequences, and fault."
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