Marital Settlement Agreement (No Children)

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN) — IDAHO

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 Maintenance
9. Insurance Provisions
10. Tax Filing and Obligations
11. Mutual Release and Waiver
12. Integration and Severability
13. Execution and Notarization
14. 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:

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 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.