Marital Settlement Agreement (No Children) - Massachusetts

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN) — MASSACHUSETTS

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 Alimony
9. Insurance Provisions
10. Tax Filing and Obligations
11. Mutual Release and Waiver
12. Execution and Notarization
13. Massachusetts Jurisdictional Notes

1. PARTIES AND RECITALS

This Agreement is entered into on [__/__/____] by and between:

Spouse 1: [________________________________] (DOB: [__/__/____])
Address: [________________________________]

Spouse 2: [________________________________] (DOB: [__/__/____])
Address: [________________________________]

The Parties were married on [__/__/____] in [________________________________] (city/county, state). The Parties separated on or about [__/__/____]. There are no minor or dependent children of this marriage and neither Party is currently pregnant. Both Parties have made full financial disclosure, have had the opportunity to consult independent counsel, and enter this Agreement voluntarily.

2. SEPARATION AND GROUNDS

The marriage is irretrievably broken. Reconciliation is neither desired nor feasible.

3. DIVISION OF REAL PROPERTY

Marital Residence: [________________________________]

• Fair Market Value: $[________] | Mortgage Balance: $[________]

☐ Spouse 1 retains and shall refinance solely in his/her name within [____] days of the Final Judgment.
☐ Spouse 2 retains and shall refinance solely in his/her name within [____] days of the Final Judgment.
☐ Property shall be listed for sale within [____] days; net proceeds divided: [________________________________].
☐ No real property owned.

Other Real Property: [________________________________]

The retaining Party shall execute all deeds/transfers necessary within [____] days.

4. DIVISION OF PERSONAL PROPERTY

To Spouse 1: [________________________________]
To Spouse 2: [________________________________]

Vehicles:

Each Party shall execute titles/transfers within [____] days.

5. DIVISION OF FINANCIAL ACCOUNTS

Equalization Payment (if any): $[________] from [Spouse __] to [Spouse __] by [__/__/____].

6. RETIREMENT AND PENSION BENEFITS

☐ A QDRO shall be prepared for: [________________________________].
☐ Each Party retains own retirement accounts without division.
☐ Other: [________________________________]

7. DEBT ALLOCATION

Each Party shall indemnify and hold the other harmless from debts assigned to him/her. As between the Parties, debts incurred individually after the separation date are the responsibility of the incurring Party.

8. SPOUSAL ALIMONY

☐ No Alimony. Each Party proposes a mutual waiver of alimony claims in this divorce, subject to the court's approval of this Agreement.

☐ Alimony Payable:

• Type proposed: ☐ General term ☐ Rehabilitative ☐ Reimbursement ☐ Transitional ☐ Other: [________]
• Payor: ☐ Spouse 1 ☐ Spouse 2
• Amount: $[________] per ☐ month ☐ week
• Start: [__/__/____] | End: [__/__/____]
• Other proposed end or review event: [________________________________]. For general term alimony, § 49(a) addresses death and remarriage; qualifying cohabitation under § 49(d) may lead to suspension, reduction, or termination after the required showing. This agreement does not make cohabitation an automatic end event.
• Payment method: [________________________________]

☐ Lump Sum: $[________] payable by [__/__/____].

9. INSURANCE PROVISIONS

Health Insurance:
☐ Each Party responsible for own coverage after the Final Judgment.
☐ If the plan and applicable law permit, [Spouse __] maintains coverage for the other for [____] months. If that coverage is unavailable, the Parties agree to this alternative: [________________________________].

Life Insurance:
☐ Not applicable.
☐ [Spouse __] maintains policy of $[________] naming other as beneficiary while support obligations continue. Carrier: [________] Policy No.: [________]

10. TAX FILING AND OBLIGATIONS

☐ If both Parties remain eligible for married filing jointly on the last day of the tax year, they agree to file a joint federal return for [TAX YEAR].
☐ The Parties will file separate returns using the filing status each qualifies for under tax law.

Prior returns: Parties shall cooperate on outstanding returns and divide refunds/liabilities as follows: [________________________________].

Each Party indemnifies the other from tax liability arising from his/her own income or deductions.

11. MUTUAL RELEASE AND WAIVER

Except for rights and duties stated in this Agreement, each Party releases the other from claims arising from the marriage to the extent a settlement agreement may do so under applicable law. The Parties will identify any separate estate, will, beneficiary-designation, or retirement-plan documents needed to carry out their intentions: [________________________________]. This paragraph does not itself change a third party's records or a beneficiary designation.

12. EXECUTION AND NOTARIZATION

This Agreement constitutes the entire agreement between the Parties, may be amended only in writing signed by both, and shall be governed by the laws of Massachusetts. The Parties request that, if approved by the court, this Agreement be incorporated into but not merged with the Final Judgment of Divorce and survive as an independent contract under M.G.L. c. 208, § 1A. Each Party acknowledges reading, understanding, and voluntarily signing this Agreement.

☐ Both Parties represented by independent counsel.
☐ [Spouse __] proceeding without counsel after advisement.

SPOUSE 1:
Signature: ___________________________________ Date: [__/__/____]
Printed Name: [________________________________]

SPOUSE 2:
Signature: ___________________________________ Date: [__/__/____]
Printed Name: [________________________________]

NOTARIZATION — STATE OF MASSACHUSETTS

County of [________________________________]

On [__/__/____], before me personally appeared the above-named Spouse 1 and Spouse 2, known to me or proven by satisfactory evidence, and acknowledged execution of this instrument voluntarily.

Notary Public: ___________________________________ | Commission Expires: [__/__/____]
[NOTARY SEAL]

13. MASSACHUSETTS JURISDICTIONAL NOTES

For general term alimony, § 49(b) sets ordinary maximum durations by marriage length: one-half of the marriage for five years or less, then 60%, 70%, or 80% for marriages of more than 5 through 10, more than 10 through 15, or more than 15 through 20 years. Section 48 generally counts marriage length from the legal marriage to service of the divorce complaint or petition, with a possible court adjustment for earlier economic partnership. A court may exceed § 49(b)'s limits upon the required written finding; for a marriage longer than 20 years, § 49(c) permits an indefinite term. A joint § 1A dissolution agreement is subject to court approval under § 1A.

Property Division: The court may assign either spouse's property under M.G.L. c. 208, § 34, after considering the factors in that section.
Waiting Period: Under § 21, a divorce judgment nisi ordinarily becomes absolute 90 days after its entry, unless the court orders otherwise. In a § 1A joint petition, the judgment nisi enters 30 days after the court's initial approval of the dissolution agreement, making the ordinary interval about 120 days from approval to finality. Check the actual judgment-entry dates.

Key Statutes:

• M.G.L. c. 208, §§ 1A, 21, 34, 48, 49

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Massachusetts attorney before executing any legal document.