Marital Settlement Agreement (No Children)

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

Commonwealth of Kentucky

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 [________________________________].

B. No minor children were born of or adopted during this marriage, and neither party is currently pregnant.

C. The marriage is irretrievably broken within the meaning of KRS 403.170.

D. Both parties desire to settle all issues of property disposition, debt, and maintenance.

E. Both parties have made full and complete financial disclosure.

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

2. SEPARATION AND GROUNDS

2.1. The marriage is irretrievably broken pursuant to KRS 403.170.

2.2. The parties have been living apart without sexual cohabitation for at least 60 days prior to entry of the Decree, as required by KRS 403.170(2).

2.3. This Agreement constitutes a Separation Agreement under KRS 403.180 and shall be submitted for incorporation into the Decree of Dissolution.

3. DIVISION OF REAL PROPERTY

3.1. Non-Marital Property: Each party shall retain their non-marital property as defined by KRS 403.190(2), including:

Petitioner's Non-Marital Property:

• [________________________________]
• [________________________________]

Respondent's Non-Marital Property:

• [________________________________]
• [________________________________]

3.2. Marital Residence:
The real property located at [________________________________] shall be awarded to:

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

3.3. The non-retaining party shall execute a quitclaim deed within [____] days of entry of the Decree.

3.4. The retaining party assumes sole responsibility for mortgage, taxes, insurance, and maintenance.

3.5. Other Real Property:

4. DIVISION OF PERSONAL PROPERTY

4.1. Each party shall retain personal property currently in their possession.

4.2. The following specific items shall be distributed:

To Petitioner:

• [________________________________]
• [________________________________]

To Respondent:

• [________________________________]
• [________________________________]

4.3. Vehicles:

5. DIVISION OF FINANCIAL ACCOUNTS AND RETIREMENT

5.1. Bank Accounts:

5.2. Retirement and Pension Accounts:

5.3. Where a QDRO is required, the parties shall cooperate. Costs shall be borne by [________________________________].

5.4. Investment Accounts:

6. DEBT ALLOCATION

6.1. Marital Debts:

Petitioner shall assume:

Respondent shall assume:

6.2. Each party shall indemnify and hold the other harmless from liability on assigned debts.

6.3. Neither party shall incur debt in the other's name.

7. SPOUSAL MAINTENANCE

7.1. The parties agree to the following:

☐ No Maintenance. Neither party shall pay maintenance. Each party waives all claims for maintenance.

☐ Fixed-Term Maintenance. [________________] shall pay [________________] $[________] per month from [__/__/____] to [__/__/____].

☐ Rehabilitative Maintenance. [________________] shall pay [________________] $[________] per month for [____] months to allow the recipient to acquire education or training.

☐ Indefinite Maintenance. [________________] shall pay [________________] $[________] per month until further order of Court.

7.2. Maintenance terminates upon: (a) death of either party; (b) remarriage of the recipient; or (c) the specified end date, per KRS 403.250(2).

7.3. Maintenance is modifiable only upon showing of changed circumstances so substantial and continuing as to make the terms unconscionable (KRS 403.250(1)).

8. INSURANCE PROVISIONS

8.1. Health Insurance: Each party shall obtain and maintain their own coverage after the Decree.

8.2. Life Insurance:
☐ No obligation.
☐ [________________] shall maintain a policy of $[________] naming [________________] as beneficiary until all obligations are satisfied.

8.3. Auto Insurance: Each party shall insure their own awarded vehicles.

9. TAX PROVISIONS

9.1. For tax year [____]:
☐ File jointly and divide refund/liability equally.
☐ File jointly with alternate division: [________________________________].
☐ File separately.

9.2. Each party is responsible for their own taxes after dissolution.

9.3. Mutual indemnification for tax liabilities from joint returns.

10. MUTUAL RELEASES AND WAIVERS

10.1. Each party releases the other from all claims arising from the marriage.

10.2. Each party waives inheritance rights, including dower and curtesy interests under Kentucky law.

10.3. Each party shall update estate documents within [____] days.

11. GENERAL PROVISIONS

11.1. Entire Agreement. This is the complete understanding between the parties.

11.2. Unconscionability Review. The Court may review this Agreement for unconscionability under KRS 403.180.

11.3. Property Division Final. Property disposition may not be revoked or modified unless conditions justify reopening the judgment (KRS 403.250(1)).

11.4. Governing Law. Governed by KRS Chapter 403.

11.5. Severability. Invalid provisions do not affect the remainder.

11.6. Incorporation. This Agreement shall be incorporated into the Decree per KRS 403.180.

11.7. Voluntary Execution. Signed voluntarily and free from duress.

11.8. Attorney Fees. Each party pays their own fees.

11.9. Name Restoration:
☐ Petitioner requests restoration: [________________________________]
☐ Respondent requests restoration: [________________________________]
☐ Neither party requests restoration.

12. EXECUTION AND NOTARIZATION

PETITIONER:

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

RESPONDENT:

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

NOTARIZATION

COMMONWEALTH OF KENTUCKY
COUNTY OF [________________________________]

The foregoing was duly subscribed, sworn, and acknowledged before me by [________________________________] (Petitioner) on this [____] day of [________________], [____].

Notary Public Signature: ________________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]
Notary ID: [________________]

COMMONWEALTH OF KENTUCKY
COUNTY OF [________________________________]

The foregoing was duly subscribed, sworn, and acknowledged before me by [________________________________] (Respondent) on this [____] day of [________________], [____].

Notary Public Signature: ________________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]
Notary ID: [________________]

KENTUCKY-SPECIFIC NOTES

1. Marital vs. Non-Marital Property: KRS 403.190(2) defines non-marital property as: gifts, bequests, devises, or descents; property acquired in exchange for pre-marital property; property acquired after legal separation; property excluded by agreement; and increase in value of pre-marital property not due to marital efforts.

2. Equitable Distribution: Division is in "just proportions" — not necessarily equal. Marital misconduct is NOT a factor (KRS 403.190(1)).

3. Strict Maintenance Standard: BOTH prongs of KRS 403.200(1) must be satisfied: insufficient property AND inability to self-support through employment.

4. Unconscionability Review: Courts may find a separation agreement unconscionable under KRS 403.180. Full financial disclosure is critical.

5. 60-Day Separation Requirement: Parties must live apart for at least 60 days before the Decree can be entered (KRS 403.170(2)).

6. Residency: One party must have been a resident of Kentucky for 180 days before filing (KRS 403.140(1)(a)).

7. Official Form Available: Kentucky courts provide form AOC-252.4 (Separation Agreement without children) as a reference.

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