Marital Settlement Agreement (No Children) - Illinois

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

ILLINOIS CIRCUIT COURT

This agreement is designed for a dissolution case in which there are no children whose support or parental responsibilities must be addressed. It does not replace the petition, financial affidavits, judgment, transfer instruments, or any separate retirement-plan order required by the court or a plan administrator.

1. CASE AND PARTY INFORMATION

The parties state:

1. At the time this action was commenced, [☐ Petitioner ☐ Respondent] was an Illinois resident or was stationed in Illinois as a member of the armed services. The 90-day residence or military-presence requirement in 750 ILCS 5/401(a) was satisfied before commencement or will be satisfied before the court makes the required finding.

2. Irreconcilable differences have caused the irretrievable breakdown of the marriage. Efforts at reconciliation have failed, or future attempts would be impracticable and not in the family's best interests.

3. ☐ The parties lived separate and apart continuously for at least six months immediately before entry of the dissolution judgment, so the statutory irrebuttable presumption in 750 ILCS 5/401(a-5) applies. ☐ The parties do not rely on that presumption and will establish the required ground at prove-up.

4. There are no minor children of the marriage, no child of the marriage presently entitled to support under the judgment, and no party is known to be pregnant. If any statement in this paragraph is inaccurate, this form requires substantial revision.

5. Each party has exchanged the financial information identified in Schedule A and believes the disclosure is sufficient to make an informed agreement.

6. Each party enters this written agreement voluntarily under 750 ILCS 5/502 and has had the opportunity to consult independent counsel.

2. COURT REVIEW, INCORPORATION, AND ENFORCEMENT

1. The parties request that the court find this agreement not unconscionable after considering their economic circumstances and other relevant evidence under 750 ILCS 5/502(b).

2. Select one treatment under 750 ILCS 5/502(d):

☐ The terms of this agreement shall be set forth in or attached to and incorporated into the Judgment for Dissolution of Marriage.

☐ The judgment shall identify this agreement and state that the court approved its terms, but the agreement's terms shall not be set forth in the judgment.

3. Terms set forth in the judgment are enforceable by remedies available for enforcement of a judgment, including contempt, and as contract terms under 750 ILCS 5/502(e).

4. If the court finds this agreement unconscionable, the parties request an opportunity to submit a revised agreement before the court determines disputed issues under 750 ILCS 5/502(c).

3. PROPERTY CLASSIFICATION AND DISCLOSURE

The parties acknowledge that 750 ILCS 5/503 generally presumes property acquired after marriage and before judgment to be marital property, subject to the statute's non-marital classifications and tracing rules. They have classified every known material asset and debt in the attached schedules.

☐ Schedule A lists the financial disclosure exchanged.

☐ Schedule B lists marital property and its agreed allocation.

☐ Schedule C lists property claimed and agreed to be non-marital, including the basis and available tracing documents.

☐ Schedule D lists debts and obligations.

☐ Schedule E lists retirement, pension, deferred-compensation, stock-option, and restricted-stock interests.

☐ Schedule F lists unresolved or contingent property, reimbursement, dissipation, tax, or valuation issues. ☐ There are none.

Each party states that, except as expressly disclosed in the schedules, the party has not intentionally concealed, transferred, dissipated, or undervalued property to defeat the other party's rights.

4. MARITAL PROPERTY ALLOCATION

The parties agree that the allocation in Schedule B is a negotiated division in just proportions. It is not represented as a mandatory equal division.

4.1 Real Property

For each parcel in Schedule B, specify:

• legal owner and occupancy;
• agreed value and valuation date;
• mortgages, liens, taxes, and association obligations;
• who receives the property;
• refinance, assumption, sale, or transfer deadline;
• responsibility pending transfer or sale;
• sale procedure and allocation of proceeds or deficiency; and
• deed or other transfer instrument required.

A property award between the parties does not itself alter a lender's or lienholder's rights. No party shall state that the other was released from an obligation unless the creditor has provided a written release.

4.2 Vehicles and Titled Personal Property

The vehicles and titled property listed in Schedule B shall be transferred as stated there. The receiving party shall complete title and registration work by [__/__/____]. Insurance, loan, tax, and possession responsibilities pending transfer are: [________________________________].

4.3 Accounts and Tangible Personal Property

Accounts and tangible property shall be allocated as stated in Schedule B. Unless a schedule states otherwise, each party retains the ordinary household and personal items currently in that party's possession, excluding any item specifically listed elsewhere.

4.4 Omitted Property

No blanket waiver applies to an asset intentionally concealed or accidentally omitted from the schedules. The parties choose the following procedure for later-discovered property:

☐ Written supplemental agreement submitted for court approval if required.

☐ Motion before the dissolution court under applicable Illinois law.

☐ Other: [________________________________].

5. NON-MARITAL PROPERTY AND REIMBURSEMENT

The parties agree that the property in Schedule C shall be assigned to the identified spouse. Each listed item must identify the claimed statutory classification, acquisition source, and tracing records.

The parties have considered the commingling, transmutation, gift, and reimbursement rules in 750 ILCS 5/503(c). Their agreement concerning contributions between marital and non-marital estates is:

☐ All claimed reimbursements are listed and resolved in Schedule C.

☐ The following reimbursement claim is reserved for court determination: [________________________________].

☐ Each party knowingly compromises the disputed reimbursement claims described in Schedule C as follows: [________________________________].

6. DEBTS AND INDEMNIFICATION

Each debt in Schedule D shall be paid by the party identified there. That party shall indemnify and hold the other party harmless from amounts the responsible party fails to pay, including a reasonable enforcement expense awarded by a court.

The parties understand that this allocation governs their obligations to each other. It does not state that a creditor has released either party. The responsible party shall use the following agreed efforts to refinance, close, transfer, or remove the other party from joint liability: [________________________________].

7. RETIREMENT AND DEFERRED BENEFITS

Schedule E shall identify every known pension, retirement account, deferred-compensation plan, stock option, restricted-stock benefit, and similar interest, including the plan name, participant, approximate marital period, valuation method, and agreed division.

For each divided benefit, the parties shall obtain plan-specific advice and prepare any separate order or instrument required by the plan and the court. This agreement does not state that one form of domestic-relations order works for every public or private plan.

Drafting and administration fees shall be paid: [________________________________].

Investment gains, losses, loans, survivor benefits, beneficiary rights, and the valuation or division date shall be handled: [________________________________].

8. MAINTENANCE

Complete only one of Sections 8.1 through 8.4. The parties acknowledge that a court must first determine whether maintenance is appropriate after considering the factors in 750 ILCS 5/504(a).

8.1 Mutual Waiver

☐ Each party waives maintenance. The parties request that maintenance be permanently barred to both parties.

Financial basis for the waiver: [________________________________].

8.2 Fixed-Term Maintenance

☐ [☐ Petitioner ☐ Respondent] shall pay [☐ Petitioner ☐ Respondent] $[________] per [☐ month ☐ other: ________], beginning [__/__/____] and ending [__/__/____]. Maintenance is barred after the fixed term under 750 ILCS 5/504(b-4.5)(1).

8.3 Reviewable Maintenance

☐ [☐ Petitioner ☐ Respondent] shall pay [☐ Petitioner ☐ Respondent] $[________] per month beginning [__/__/____] for an initial term ending [__/__/____]. Maintenance shall be reviewable. The party seeking review shall file any required pleading by [__/__/____]. The court may extend, alter, or terminate maintenance as authorized by 750 ILCS 5/504(b-8) and 5/510.

8.4 Indefinite Maintenance

☐ [☐ Petitioner ☐ Respondent] shall pay [☐ Petitioner ☐ Respondent] $[________] per month beginning [__/__/____]. No termination date is designated. Maintenance remains subject to modification or termination under 750 ILCS 5/510 unless made non-modifiable below.

8.5 Guideline Worksheet and Deviation

The guideline in 750 ILCS 5/504(b-1)(1) applies only if combined gross annual income is less than $500,000 and the payor has no child-support or maintenance obligation from a prior relationship, unless the court finds application inappropriate.

Marriage length at commencement: [____] years [____] months.

Applicable duration factor for a marriage under 20 years: [____]. Guideline duration: [____] months.

For a marriage of 20 years or more, the statute gives the court discretion to order a term equal to the marriage length or an indefinite term; it does not automatically require indefinite maintenance.

☐ The proposal follows the guideline amount and duration.

☐ The proposal deviates. Guideline comparison and reasons supporting the requested variance: [________________________________].

8.6 Modifiability — Required Selection

Under 750 ILCS 5/502(f), maintenance is modifiable upon a substantial change in circumstances unless the agreement provides that amount, duration, or both are non-modifiable.

Select one:

☐ Amount and duration are modifiable.

☐ Amount is non-modifiable; duration is modifiable.

☐ Duration is non-modifiable; amount is modifiable.

☐ Amount and duration are non-modifiable.

Specific contemplated future events that the parties agree will not, by themselves, constitute a substantial change under 750 ILCS 5/510(a-5): [________________________________].

8.7 Statutory Termination Events

Unless the written agreement set forth in the judgment or the court provides otherwise, future maintenance terminates upon death of either party, remarriage of the recipient, or the recipient's cohabitation with another person on a resident, continuing, conjugal basis under 750 ILCS 5/510(c).

☐ The statutory defaults apply without change.

☐ The parties request the following different treatment, subject to court approval: [________________________________].

The maintenance recipient shall give remarriage notice as required by 750 ILCS 5/510(c): at least 30 days before remarriage unless the decision occurs within that period, in which case notice must be given within 72 hours after marriage.

9. LIFE INSURANCE SECURING MAINTENANCE

☐ Not applicable because maintenance is waived or no security is requested.

☐ Existing life insurance is proposed as security. Schedule G states the current death benefit, premium, owner, beneficiary, policy status, allocation, and requested court findings under 750 ILCS 5/504(f)(1).

☐ New life insurance is proposed. The parties acknowledge that under 750 ILCS 5/504(f)(2), a court may order the payor to cooperate, while the payee may obtain the new policy at the payee's option and expense up to the court-set reasonable maximum.

Policy or proposed coverage details: [________________________________].

10. TAX MATTERS

The parties shall obtain tax advice concerning filing status, estimated payments, carryovers, property transfers, retirement divisions, maintenance, and any sale of property. This agreement does not promise a tax result.

Each party shall provide documents reasonably needed to prepare an agreed joint return by [__/__/____]. No party is required by this agreement to sign a return the party believes is inaccurate.

11. FURTHER DOCUMENTS AND DEADLINES

Each party shall sign and deliver documents reasonably necessary to carry out the express terms of this agreement. A disputed document shall not add a material obligation absent a signed amendment or court order.

12. MODIFICATION AND COMPLETE AGREEMENT

1. Property provisions are never modifiable under 750 ILCS 5/502(f), subject to legal grounds for reopening a judgment under 750 ILCS 5/510(b).

2. Maintenance modifiability is governed by the selection in Section 8.6.

3. Other terms incorporated into the judgment may be expressly made non-modifiable or limited as stated in this agreement and permitted by 750 ILCS 5/502(f).

4. This writing and its completed schedules contain the parties' agreement on the subjects addressed. Any amendment must be written, signed by both parties, and submitted for court approval when required.

5. If a provision is not approved or cannot be enforced, the parties request that the remaining provisions be enforced to the extent legally permitted, except where the rejected provision was material to the negotiated exchange identified here: [________________________________].

13. ACKNOWLEDGMENTS

Each party acknowledges:

☐ I read the entire agreement and completed schedules.

☐ I understand the property, debt, maintenance, and tax provisions affecting me.

☐ I received the financial disclosure listed in Schedule A.

☐ I disclosed all material assets, debts, income, and claimed non-marital property known to me.

☐ I had the opportunity to obtain independent legal and tax advice.

☐ I sign voluntarily and without undisclosed coercion.

☐ I understand that the court will review the agreement for unconscionability and is not required to approve an unconscionable agreement.

14. SIGNATURES

PETITIONER

Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney, if any: [________________________________]

RESPONDENT

Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney, if any: [________________________________]

OPTIONAL ACKNOWLEDGMENT

Notarization is not stated as a condition of a written agreement in 750 ILCS 5/502(a), but counsel may use an acknowledgment for identity and execution evidence.

State of Illinois

County of [________________________________]

This instrument was acknowledged before me on [__/__/____] by [________________________________].

Notary Signature: ________________________________

Commission Expires: [__/__/____]

SCHEDULES

SCHEDULE A — FINANCIAL DISCLOSURE EXCHANGED

SCHEDULE B — MARITAL PROPERTY

SCHEDULE C — NON-MARITAL PROPERTY AND REIMBURSEMENT

SCHEDULE D — DEBTS

SCHEDULE E — RETIREMENT AND DEFERRED BENEFITS

SCHEDULE F — RESERVED, CONTINGENT, OR DISPUTED ISSUES

SCHEDULE G — LIFE INSURANCE

SOURCES AND REFERENCES

• 750 ILCS 5/401: https://www.ilga.gov/legislation/ilcs/documents/075000050K401.htm
• 750 ILCS 5/502: https://www.ilga.gov/legislation/ilcs/documents/075000050K502.htm
• 750 ILCS 5/503: https://www.ilga.gov/legislation/ilcs/documents/075000050K503.htm
• 750 ILCS 5/504: https://www.ilga.gov/legislation/ilcs/documents/075000050K504.htm
• 750 ILCS 5/510: https://www.ilga.gov/legislation/ilcs/documents/075000050K510.htm