Marital Settlement Agreement (No Children) - Maine

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Maine

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 Support
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:

Plaintiff: [________________________________] ("Plaintiff")
Address: [________________________________]
County of Residence: [________________________________]

Defendant: [________________________________] ("Defendant")
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. Irreconcilable marital differences exist between the parties within the meaning of 19-A M.R.S. § 902(1)(H).

D. Both parties desire to settle all issues of property division, debt allocation, and spousal support.

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 parties have irreconcilable marital differences pursuant to 19-A M.R.S. § 902(1)(H).

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

2.3. This Agreement shall be filed with the Court for incorporation into the Judgment of Divorce.

3. DIVISION OF REAL PROPERTY

3.1. Non-Marital Property: Each party retains their non-marital property:

Plaintiff's Non-Marital Property:

• [________________________________]

Defendant's Non-Marital Property:

• [________________________________]

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

☐ Awarded to Plaintiff
☐ Awarded to Defendant
☐ Sold and net proceeds divided as follows: [________________________________]

3.3. If the residence is awarded to one party and a deed is needed to carry out the judgment, the other party shall execute the required deed within [____] days of entry of the Judgment.

3.4. If the residence is awarded to one party, that party shall be responsible as between the spouses for mortgage payments, taxes, insurance, and maintenance beginning [DATE]. This allocation does not release either party from obligations to the lender without the lender's consent.

3.5. If the final divorce decree disposes of real property, [PLAINTIFF / DEFENDANT / BOTH] shall prepare and record the decree or clerk-approved abstract and pay the recording fee under § 953(5).

3.6. 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 Plaintiff:

• [________________________________]
• [________________________________]

To Defendant:

• [________________________________]
• [________________________________]

4.3. Vehicles:

4.4. Title transfers shall be completed within [____] days of the Judgment.

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 borne by [________________________________].

5.4. Investment Accounts:

6. DEBT ALLOCATION

6.1. Debts allocated as follows:

Plaintiff shall assume and pay:

Defendant shall assume and pay:

6.2. Each party shall reimburse the other for a payment the other must make on a debt allocated to the first party. The creditor's rights against either party are unaffected without the creditor's consent.

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

7. SPOUSAL SUPPORT

7.1. The parties agree to the following:

☐ No Spousal Support. Neither party requests an award. A final judgment awarding none precludes a later award in this action under § 951-A(9).

☐ General Support. [________________] shall pay [________________] $[________] per month beginning [__/__/____] until [__/__/____] or further order of Court.

☐ Transitional Support. [________________] shall pay [________________] $[________] per month for [____] months, under 19-A M.R.S. § 951-A(2)(B).

☐ Reimbursement Support. [________________] shall pay [________________] $[________] in response to these exceptional circumstances: [DETAILS]. The parties request approval under 19-A M.R.S. § 951-A(2)(C).

☐ Nominal Support. [________________] shall pay [________________] $[AMOUNT] per [PERIOD], if approved by the court to preserve its authority to grant support in the future.

7.2. Unless the court order states otherwise, payments not yet due cease upon death of either party under § 951-A(8). Remarriage is a termination event only if the court order provides for it. Any end date or other termination term must appear in the order: [DETAILS].

7.3. This support provision is:
☐ The parties request the court to specify the following modification terms and legal basis: [DETAILS].
☐ No special modification term is requested; the court order and § 951-A(4) control.

8. INSURANCE PROVISIONS

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

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

8.3. Auto Insurance: Each party insures their own awarded vehicles.

9. TAX PROVISIONS

9.1. For tax year [____]:
☐ If eligible to file jointly, do so and divide any refund or liability equally as between the parties.
☐ If eligible to file jointly, do so with this allocation as between the parties: [________________________________].
☐ File separately.

9.2. As between the parties, each shall bear the tax liability attributable to that party's separately filed returns after divorce. This allocation does not change either party's obligations to a taxing authority.

9.3. A party who pays a tax liability allocated to the other under this Agreement may seek reimbursement from the other party to the extent allowed by the judgment and applicable law.

10. MUTUAL RELEASES AND WAIVERS

10.1. Each party releases the other only from property and debt claims expressly resolved in the final judgment, subject to its terms and applicable law. No undisclosed claim is released by this clause.

10.2. This Agreement does not include an estate-rights waiver. The parties may address estate planning through separate documents.

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

11. GENERAL PROVISIONS

11.1. Entire Agreement. This is the complete agreement.

11.2. Modifications. A court-approved property disposition and support order may be changed only through an applicable lawful process. Section 7 states the parties' support request.

11.3. Governing Law. Governed by 19-A M.R.S. Chapter 29.

11.4. Severability. If a provision cannot be approved, the parties ask the court to consider the remaining terms to the extent lawful and consistent with the judgment.

11.5. Incorporation. The parties request that the Court incorporate this Agreement into the Judgment of Divorce to the extent the Court approves it.

11.6. Voluntary Execution. Signed voluntarily, free from duress.

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

11.8. Name Restoration:
☐ Plaintiff requests restoration: [________________________________]
☐ Defendant requests restoration: [________________________________]
☐ Neither party requests restoration.

12. EXECUTION AND NOTARIZATION

PLAINTIFF:

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

DEFENDANT:

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

NOTARIZATION

STATE OF MAINE
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________], [____], personally appeared [________________________________] (Plaintiff), known to me or proved to be the person whose name is subscribed above, and acknowledged voluntary execution.

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

STATE OF MAINE
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________], [____], personally appeared [________________________________] (Defendant), known to me or proved to be the person whose name is subscribed above, and acknowledged voluntary execution.

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

MAINE-SPECIFIC NOTES

1. Equitable Distribution: Maine directs the court to divide marital property in proportions it considers just after considering all relevant factors (19-A M.R.S. § 953(1)).

2. Multiple Support Types: Maine provides five categories of spousal support under § 951-A: general, transitional, reimbursement, nominal, and interim.

3. Preliminary Injunction: The court issues the order under § 903. It is effective against the plaintiff upon commencement and against the defendant upon service of the complaint and injunction. Its terms have listed exceptions and remain subject to court modification.

4. Filing Route: Section 901(1) permits a District Court divorce complaint if the plaintiff has resided in Maine in good faith for six months, or the plaintiff resides in Maine and the parties married here or resided here when the cause arose, or the defendant resides here. Confirm the actual route in this case.

5. Grounds for divorce: Irreconcilable marital differences are one permitted ground under 19-A M.R.S. § 902(1)(H). Section 902(1) also retains fault grounds, including adultery, extreme cruelty, and desertion. This agreement uses the irreconcilable-differences ground.

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