Marital Settlement Agreement (No Children)

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Indiana

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 Maintenance
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")
Address: [________________________________]
County of Residence: [________________________________]

Respondent: [________________________________] ("Respondent")
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. The parties acknowledge that their marriage is irretrievably broken pursuant to IC 31-15-2-3, and that there remains no reasonable possibility of reconciliation.

D. Both parties desire to settle all issues of property division, debt allocation, and maintenance arising from their marriage.

E. Both parties have made full and complete disclosure of all assets, debts, income, and financial obligations.

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

2. SEPARATION AND GROUNDS

2.1. The parties agree that the marriage is irretrievably broken within the meaning of IC 31-15-2-3.

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

2.3. This Agreement shall be submitted to the Court for incorporation into the Final Decree of Dissolution of Marriage.

3. DIVISION OF REAL PROPERTY

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

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

3.2. The party not retaining the Marital Residence shall execute a quitclaim deed within [____] days of entry of the Final Decree.

3.3. The party retaining the Marital Residence shall assume sole responsibility for the mortgage, taxes, insurance, and all costs associated with the property and shall hold the other party harmless.

3.4. Other Real Property:

4. DIVISION OF PERSONAL PROPERTY

4.1. Each party shall retain the personal property currently in their possession as of the date of this Agreement.

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

To Petitioner:

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

To Respondent:

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

4.3. Vehicles:

4.4. Each party shall execute all documents necessary to transfer title to the other party for any property awarded under this section within [____] days of entry of the Final Decree.

5. DIVISION OF FINANCIAL ACCOUNTS AND RETIREMENT

5.1. Bank Accounts:

5.2. Retirement and Pension Accounts:

5.3. Where a Qualified Domestic Relations Order (QDRO) is required, the parties shall cooperate in preparing and submitting the QDRO to the plan administrator. The cost of QDRO preparation shall be borne by [________________________________].

5.4. Investment and Brokerage Accounts:

6. DEBT ALLOCATION

6.1. The parties agree to allocate marital 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 allocated to them under this Agreement.

6.3. Neither party shall incur any further debt or obligation in the other party's name from the date of this Agreement.

7. SPOUSAL MAINTENANCE

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

☐ No Maintenance. Neither party shall pay maintenance to the other. Each party waives any claim for maintenance now and in the future.

☐ Rehabilitative Maintenance. [________________] shall pay [________________] the sum of $[________] per month beginning [__/__/____] and ending [__/__/____], for a period not to exceed three (3) years, pursuant to IC 31-15-7-2(3).

☐ Incapacity Maintenance. [________________] shall pay [________________] the sum of $[________] per month for the duration of the incapacity, subject to further court order, pursuant to IC 31-15-7-2(1).

7.2. Maintenance, if awarded, shall terminate upon: (a) the death of either party; (b) remarriage of the recipient; or (c) the date specified above.

8. INSURANCE PROVISIONS

8.1. Health Insurance: Each party shall be responsible for obtaining and maintaining their own health insurance following entry of the Final Decree. The party currently providing coverage shall maintain the other party on their policy until the Decree is entered, or until [__/__/____], whichever occurs first.

8.2. Life Insurance:

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

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

9. TAX PROVISIONS

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

☐ File a joint federal and state income tax return and divide any refund or liability equally.
☐ File a joint federal and state income tax return and divide any refund or liability as follows: [________________________________].
☐ File separate federal and state income tax returns.

9.2. Each party shall be responsible for their own tax obligations for all tax years following the year of dissolution.

9.3. Each party shall indemnify and hold the other harmless from any tax liability, penalties, or interest arising from their respective tax obligations or misrepresentations on joint returns.

9.4. Equalizing Payment: To achieve the presumed equal division of marital property under IC 31-15-7-5:

☐ No equalizing payment is required.
☐ [________________] shall pay [________________] the sum of $[________] within [____] days of entry of the Final Decree.

10. MUTUAL RELEASES AND WAIVERS

10.1. Except as provided in this Agreement, each party releases the other from any and all claims, demands, and causes of action arising out of the marital relationship.

10.2. Each party waives any right to inherit from the estate of the other party, including any elective share, dower, or curtesy right under Indiana law.

10.3. Each party shall execute new estate planning documents, including wills, trusts, and beneficiary designations, within [____] days of entry of the Final Decree to reflect the terms of this Agreement.

10.4. Each party waives any claim to the other party's Social Security benefits, except as permitted by federal law.

11. GENERAL PROVISIONS

11.1. Entire Agreement. This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, representations, and agreements.

11.2. Modifications. This Agreement may not be modified except by written agreement signed by both parties and approved by the Court.

11.3. Governing Law. This Agreement shall be governed by the laws of the State of Indiana, specifically IC 31-15.

11.4. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.5. Incorporation into Decree. The parties request that this Agreement be incorporated into and made a part of the Final Decree of Dissolution of Marriage.

11.6. Voluntary Execution. Each party represents that they are signing this Agreement voluntarily, free from duress, fraud, or undue influence.

11.7. Attorney Fees. Each party shall be responsible for their own attorney fees and costs unless otherwise ordered by the Court.

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

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below.

PETITIONER:

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

RESPONDENT:

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

NOTARIZATION

STATE OF INDIANA
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________], [____], personally appeared [________________________________] (Petitioner), known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument, and acknowledged that they executed the same voluntarily for the purposes therein contained.

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

STATE OF INDIANA
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________], [____], personally appeared [________________________________] (Respondent), known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument, and acknowledged that they executed the same voluntarily for the purposes therein contained.

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

INDIANA-SPECIFIC NOTES

1. One-Pot State: Indiana divides ALL property of the parties — not just "marital property." Property acquired before marriage, during marriage, and through inheritance is all subject to division under IC 31-15-7-4.

2. Presumption of Equal Division: IC 31-15-7-5 creates a rebuttable presumption that an equal (50/50) division of marital property is just and reasonable. Deviation requires evidence of specific factors listed in the statute.

3. Limited Maintenance: Indiana severely restricts spousal maintenance under IC 31-15-7-2. Rehabilitative maintenance is capped at three years.

4. Waiting Period: There is a mandatory 60-day waiting period from the date of filing before a Final Decree may be entered (IC 31-15-2-10).

5. Residency Requirement: At least one party must have been a resident of Indiana or stationed at a military installation in Indiana for at least six months, and a resident of the county for at least three months, before filing (IC 31-15-2-6).

6. Property Division Is Final: Property division orders are final and not subject to modification.

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