Marital Settlement Agreement (No Children)

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Michigan

TABLE OF CONTENTS

1. Parties and Recitals
2. Jurisdiction and Venue
3. Division of Marital Property — Real Property
4. Division of Marital Property — Personal Property
5. Division of Marital Property — Vehicles
6. Division of Marital Property — Financial Accounts
7. Division of Marital Property — Retirement and Pension
8. Separate Property
9. Debt Allocation
10. Spousal Support (Alimony)
11. Insurance Provisions
12. Tax Filing and Obligations
13. Mutual Releases
14. Integration Clause
15. General Provisions
16. Execution and Notarization
17. Michigan-Specific Notes

1. PARTIES AND RECITALS

Plaintiff: [FULL LEGAL NAME] ("Plaintiff")
Defendant: [FULL LEGAL NAME] ("Defendant")

Case Number: [________________________________]
Court: [________________________________] County Circuit Court, Family Division, State of Michigan

The parties state and agree:

a. The parties were lawfully married on [__/__/____] in [CITY, STATE/COUNTRY].

b. There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved, as required by MCL 552.6.

c. There are no minor children born of or adopted during this marriage, and no party is currently pregnant.

d. Each party has made full and fair financial disclosure.

e. Each party has had the opportunity to consult independent legal counsel.

f. This agreement is entered into voluntarily.

2. JURISDICTION AND VENUE

a. ☐ Plaintiff / ☐ Defendant has been a resident of the State of Michigan for at least one hundred eighty (180) days and a resident of [________________________________] County for at least ten (10) days immediately preceding the filing of the Complaint for Divorce, satisfying MCL 552.9.

b. At least sixty (60) days have elapsed since the filing of the Complaint (mandatory waiting period for cases without minor children, MCL 552.9f).

3. DIVISION OF MARITAL PROPERTY — REAL PROPERTY

a. Awarded to Plaintiff:

b. Awarded to Defendant:

c. Transfer shall be by Quit Claim Deed or Warranty Deed within [____] days.

4. DIVISION OF MARITAL PROPERTY — PERSONAL PROPERTY

a. Each party retains personal property currently in their possession.

b. Awarded to Plaintiff: [________________________________]

c. Awarded to Defendant: [________________________________]

5. DIVISION OF MARITAL PROPERTY — VEHICLES

6. DIVISION OF MARITAL PROPERTY — FINANCIAL ACCOUNTS

7. DIVISION OF MARITAL PROPERTY — RETIREMENT AND PENSION

8. SEPARATE PROPERTY

Plaintiff's Separate Property: [________________________________]

Defendant's Separate Property: [________________________________]

9. DEBT ALLOCATION

Each party shall indemnify and hold harmless the other.

10. SPOUSAL SUPPORT (ALIMONY)

Select one:

☐ a. Waiver of Spousal Support. Each party waives the right to spousal support/alimony.

☐ b. Spousal Support Shall Be Paid.

• Payor: ☐ Plaintiff / ☐ Defendant
• Amount: $[________] per month
• Type: ☐ Temporary / ☐ Rehabilitative / ☐ Permanent / ☐ Periodic
• Commencement: [__/__/____]
• Termination: [__/__/____]
• Termination Events: Death of either party; remarriage of the recipient (MCL 552.13); cohabitation of the recipient; or further order of the court.
• Payment Method: [________________________________]
• ☐ Modifiable / ☐ Non-modifiable

11. INSURANCE PROVISIONS

a. Health Insurance: Each party shall be responsible for their own health insurance upon entry of the Judgment of Divorce.

b. Life Insurance: ☐ Not applicable / ☐ [Plaintiff/Defendant] shall maintain a life insurance policy of $[________] naming the other as beneficiary through [__/__/____].

12. TAX FILING AND OBLIGATIONS

a. For tax year [____], the parties shall file: ☐ Jointly / ☐ Married Filing Separately.

b. Refunds and liabilities shall be allocated: [________________________________].

c.

13. MUTUAL RELEASES

Each party releases the other from all claims arising from the marital relationship, including dower rights (MCL 558.1 et seq.), homestead rights, and all other interests in the estate of the other party.

14. INTEGRATION CLAUSE

a. This Agreement constitutes the entire understanding between the parties.

b. This Agreement shall be incorporated into and made part of the Judgment of Divorce.

c. No modification shall be valid unless in writing and signed by both parties or ordered by the court.

15. GENERAL PROVISIONS

a. Governing Law: Michigan law shall govern.

b. Severability: Invalid provisions shall not affect the remainder.

c. Attorney's Fees: Each party bears their own fees unless otherwise agreed or ordered.

d. Cooperation: Each party shall execute all necessary documents.

e. Friend of the Court: The parties ☐ do / ☐ do not opt out of Friend of the Court services for spousal support enforcement, as permitted under MCL 552.505a.

16. EXECUTION AND NOTARIZATION

PLAINTIFF:

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

DEFENDANT:

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

NOTARIZATION (Recommended)

State of Michigan
County of [________________________________]

On [__/__/____], before me, a Notary Public, personally appeared [________________________________], who acknowledged the execution of this instrument.

Notary Signature: ________________________________
Commission Expires: [__/__/____]
Acting in the County of: [________________________________]

[NOTARIAL SEAL]

(Repeat for second party)

17. MICHIGAN-SPECIFIC NOTES

• Residency: At least one party must have been a Michigan resident for 180 days (6 months) and a resident of the filing county for at least 10 days (MCL 552.9).
• Waiting Period: 60 days from filing for cases without minor children (MCL 552.9f). The court may shorten this period for good cause.
• No-Fault Divorce: Michigan is a purely no-fault state. The sole ground is that the marriage relationship has broken down to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood of preservation (MCL 552.6).
• Fault Considered: Although Michigan is no-fault for granting the divorce, fault (conduct during the marriage) may be considered in property division and spousal support determinations.
• Sparks Factors: Michigan courts use the nine Sparks v. Sparks factors (440 Mich 141 (1992)) for property division: duration, contributions, age, health, life status, necessities, earning ability, past relations/conduct, and equity.
• Invasion of Separate Property: Unlike many states, Michigan courts may "invade" (award to the other spouse) separate property if the marital estate is insufficient (MCL 552.23).
• Retirement Benefits: MCL 552.18 specifically provides that vested and nonvested retirement benefits, including pensions and accumulated contributions, are part of the marital estate.
• Friend of the Court: Michigan has a Friend of the Court (FOC) system for enforcement. In cases without children, parties may opt out of FOC services for spousal support.
• Dower Rights: Michigan retains dower rights (MCL 558.1 et seq.). Both parties should waive dower in this agreement.

SOURCES AND REFERENCES

• Michigan Compiled Laws Chapter 552 (Divorce)
• MCL 552.6 (Grounds), 552.9 (Residency), 552.9f (Waiting Period)
• MCL 552.18 (Retirement), 552.19 (Property Division), 552.23 (Further Awards)
• MCL 552.401 (Contribution-Based Awards)
• Sparks v. Sparks, 440 Mich 141; 485 NW2d 893 (1992)

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