Marital Settlement Agreement (No Children)

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Illinois

TABLE OF CONTENTS

1. Parties and Recitals
2. Jurisdiction and Venue
3. Division of Marital Property — Real Property
4. Division of Marital Property — Personal Property
5. Division of Marital Property — Vehicles
6. Division of Marital Property — Financial Accounts
7. Division of Marital Property — Retirement and Pension
8. Non-Marital Property
9. Division of Debts
10. Spousal Maintenance
11. Insurance Provisions
12. Tax Filing and Obligations
13. Mutual Releases
14. Integration Clause
15. General Provisions
16. Execution
17. Illinois-Specific Notes

1. PARTIES AND RECITALS

Petitioner: [FULL LEGAL NAME] ("Petitioner")
Respondent: [FULL LEGAL NAME] ("Respondent")

Case Number: [________________________________]
Court: Circuit Court of [________________________________] County, Illinois, Domestic Relations Division

The parties state and agree:

a. The parties were lawfully married on [__/__/____] in [CITY, STATE/COUNTRY].

b. Irreconcilable differences have caused the irretrievable breakdown of the marriage pursuant to 750 ILCS 5/401(a).

c. There are no minor children born of or adopted during this marriage, and no party is currently pregnant.

d. Each party has made full and fair financial disclosure.

e. Each party has had the opportunity to consult with independent legal counsel.

f. This Agreement is entered into voluntarily and pursuant to 750 ILCS 5/502.

2. JURISDICTION AND VENUE

a. ☐ Petitioner / ☐ Respondent has been a resident of the State of Illinois and satisfies the residency requirements of 750 ILCS 5/401(a).

b. Venue is proper in [________________________________] County.

3. DIVISION OF MARITAL PROPERTY — REAL PROPERTY

a. Awarded to Petitioner:

b. Awarded to Respondent:

c. Transfer documents (Quit Claim Deed or Warranty Deed) shall be executed within [____] days.

4. DIVISION OF MARITAL PROPERTY — PERSONAL PROPERTY

a. Each party retains personal property in their possession.

b. Awarded to Petitioner: [________________________________]

c. Awarded to Respondent: [________________________________]

5. DIVISION OF MARITAL PROPERTY — VEHICLES

6. DIVISION OF MARITAL PROPERTY — FINANCIAL ACCOUNTS

7. DIVISION OF MARITAL PROPERTY — RETIREMENT AND PENSION

8. NON-MARITAL PROPERTY

Petitioner's Non-Marital Property: [________________________________]

Respondent's Non-Marital Property: [________________________________]

9. DIVISION OF DEBTS

Each party shall indemnify and hold harmless the other.

10. SPOUSAL MAINTENANCE

Select one:

☐ a. Waiver of Maintenance. Each party waives the right to maintenance. Each party acknowledges this waiver is knowing and voluntary and bars future maintenance claims.

☐ b. Fixed-Term Maintenance (750 ILCS 5/504(b-1)(1))

• Payor: ☐ Petitioner / ☐ Respondent
• Amount: $[________] per month
• Duration: [____] months (guideline: marriage length x [____] factor)
• Commencement: [__/__/____]
• Termination: [__/__/____]
• Maintenance is barred after the fixed term ends.

☐ c. Reviewable Maintenance (750 ILCS 5/504(b-1)(3))

• Amount: $[________] per month
• Initial Term: [____] months
• Review Date: [__/__/____]

☐ d. Indefinite Maintenance (for marriages of 20+ years)

• Amount: $[________] per month
• Subject to modification under 750 ILCS 5/510.

Termination Events: Death of either party; remarriage of the recipient; cohabitation of the recipient with another person on a resident, continuing, conjugal basis per 750 ILCS 5/510(c).

11. INSURANCE PROVISIONS

a. Health Insurance: Each party shall be responsible for their own health insurance upon entry of judgment.

b. Life Insurance: ☐ Not applicable / ☐ [Petitioner/Respondent] shall maintain a policy of $[________] naming the other party as beneficiary through [__/__/____], as security for maintenance obligations per 750 ILCS 5/504(f).

12. TAX FILING AND OBLIGATIONS

a. For tax year [____], the parties shall file: ☐ Jointly / ☐ Married Filing Separately.

b. Refunds and liabilities shall be allocated: [________________________________].

c.

13. MUTUAL RELEASES

Each party releases the other from all claims arising from the marital relationship except as set forth herein, including claims to the other's estate, inheritance rights, and statutory spousal awards.

14. INTEGRATION CLAUSE

a. This Agreement constitutes the entire agreement and supersedes all prior understandings.

b. This Agreement shall be incorporated into the Judgment for Dissolution of Marriage.

c. Modifications must be in writing and signed by both parties or ordered by the court.

15. GENERAL PROVISIONS

a. Governing Law: Illinois law shall govern this Agreement.

b. Severability: Invalid provisions shall not affect the remainder.

c. Attorney's Fees: Each party shall bear their own fees unless otherwise agreed or ordered.

d. Cooperation: Each party shall execute all necessary documents.

16. EXECUTION

PETITIONER:

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

RESPONDENT:

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

NOTARIZATION (Recommended)

State of Illinois
County of [________________________________]

On [__/__/____], before me, a Notary Public, personally appeared [________________________________], known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same.

Notary Signature: ________________________________
Commission Expires: [__/__/____]

[NOTARIAL SEAL]

(Repeat for second party)

17. ILLINOIS-SPECIFIC NOTES

• Residency: At least one spouse must be an Illinois resident. No waiting period to file, but judgment cannot be entered until 90 days of residency has been established (750 ILCS 5/401(a)).
• No-Fault Only: As of January 1, 2016, Illinois is a purely no-fault divorce state. The sole ground is irreconcilable differences causing an irretrievable breakdown.
• Irreconcilable Differences Presumption: If both parties stipulate or if the parties have lived separate and apart for six (6) months, irreconcilable differences are irrebuttably presumed (750 ILCS 5/401(a)(2)).
• Equitable Distribution: Illinois divides marital property equitably but not necessarily equally. The court considers 12+ factors under 750 ILCS 5/503(d).
• Maintenance Guidelines: The formula is 33.33% of payor's net income minus 25% of payee's net income, capped so payee does not receive more than 40% of combined net income. Duration multipliers range from 0.20 (0-5 years) to indefinite (20+ years).
• MSA Approval: Under 750 ILCS 5/502, the court must approve the agreement after finding it is not unconscionable.
• Retirement: Pension benefits during marriage are marital property. A QDRO is required for ERISA plans. Illinois state retirement systems (SURS, TRS, IMRF) have specific DRO procedures.

SOURCES AND REFERENCES

• 750 ILCS 5/401-504 (Illinois Marriage and Dissolution of Marriage Act)
• 750 ILCS 5/502 (Settlement Agreement Provisions)
• 750 ILCS 5/503 (Property Division)
• 750 ILCS 5/504 (Maintenance)
• 750 ILCS 5/510 (Modification and Termination)

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Illinois attorney before use.