Marital Settlement Agreement (No Children) - Minnesota

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN) — MINNESOTA

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 Maintenance
9. Insurance Provisions
10. Tax Filing and Obligations
11. Mutual Release and Waiver
12. Execution and Notarization
13. Minnesota 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 Decree.
☐ Spouse 2 retains and shall refinance solely in his/her name within [____] days of the Final Decree.
☐ 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

☐ For the following plan requiring a qualified domestic relations order (QDRO), the Parties shall cooperate in obtaining court approval of an order acceptable to the plan administrator: [________________________________]. The division is subject to the plan's terms and applicable law.
☐ Each Party retains own retirement accounts without division.
☐ Other: [________________________________]

7. DEBT ALLOCATION

As between the Parties, each shall indemnify and hold the other harmless from debts assigned to that Party. As between the Parties, debts incurred individually after the separation date are the sole responsibility of the incurring Party. This allocation does not alter a creditor's rights against either Party.

8. SPOUSAL MAINTENANCE

☐ No Maintenance Requested. Each Party knowingly and voluntarily asks the court to approve a waiver of spousal maintenance. Any restriction on future modification is subject to the court findings required by Minn. Stat. § 518.552, subd. 5.

☐ Maintenance Payable:

• Payor: ☐ Spouse 1 ☐ Spouse 2
• Amount: $[________] per ☐ month ☐ week
• Start: [__/__/____] | End: [__/__/____]
• Default statutory termination: death of either Party or remarriage of the recipient, unless the Parties agree otherwise in writing or the decree expressly provides otherwise
• Cohabitation: does not automatically terminate maintenance; it may support a motion to reduce, suspend, reserve, or terminate maintenance under Minn. Stat. Section 518.552, subd. 6
• Payment method: [________________________________]

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

9. INSURANCE PROVISIONS

Health Insurance:
☐ Each Party responsible for own coverage after the Final Decree.
☐ [Spouse __] shall assist the other in obtaining available continuation coverage, subject to the plan's terms and applicable law, for [____] months; coverage and premium responsibility: [________________________________].

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 still married and eligible to file jointly under tax law at the end of the tax year, the Parties shall file a joint return for tax year [____]; each shall review and sign the return.
☐ The Parties shall file separate returns using the filing status permitted for each under tax law for tax year [____].

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

As between the Parties, each shall indemnify the other for tax liability attributable to that Party's own income or deductions, except as stated here: [________________________________]. This allocation does not bind a taxing authority.

11. MUTUAL RELEASE AND WAIVER

Except for rights expressly preserved in this Agreement or the decree, and subject to court approval and applicable law, each Party releases the other from claims to marital property and maintenance. After fair financial disclosure, each Party specifically waives the surviving spouse's elective share and rights to homestead, exempt property, and family allowance in the other's estate under Minn. Stat. § 524.2-213. Any intended change to a will, trust, or beneficiary designation shall be made in the manner required by the governing instrument, plan, and applicable law. The Parties shall execute documents reasonably needed to carry out these terms. Rights under any plan or instrument expressly preserved here are: [________________________________].

12. EXECUTION AND NOTARIZATION

This Agreement constitutes the entire agreement between the Parties, may be amended by a writing signed by both Parties, and shall be governed by Minnesota law. The Parties request that the court approve and incorporate its terms into the decree of dissolution. Any continuing contractual effect is subject to the decree and applicable law. 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 MINNESOTA

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. MINNESOTA JURISDICTIONAL NOTES

Minnesota calls divorce a dissolution of marriage. The court must make findings supporting a just and equitable division of marital property. The separate summary dissolution process under Minn. Stat. § 518.195 requires a sworn joint declaration and all statutory eligibility criteria, including a marriage of fewer than eight years, no real estate, and the specified debt and asset limits.

Property Division: Just and equitable division | Residence/Domicile: Generally one Party must have resided or been domiciled in Minnesota, or been stationed there in the armed services, for at least 180 days immediately before the proceeding; Minn. Stat. § 518.07, subd. 2 provides a narrow nonresident route.
Decree: A dissolution decree is final when entered, subject to appeal. The 30-day entry rule in § 518.195 applies to qualifying summary dissolutions, not every dissolution.

Key Statutes:

• Minn. Stat. Section 518.58
• Minn. Stat. Section 518.552, subds. 5, 5a, and 6
• Minn. Stat. Sections 518.07, 518.145, 518.195, and 524.2-213

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