Marital Settlement Agreement (No Children) - Missouri

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Missouri

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 and there remains no reasonable likelihood the marriage can be preserved, pursuant to RSMo § 452.305.

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

E. Both parties have made full and complete financial disclosure. Each party has filed or will file a Statement of Property, Income, and Expenses as required by Missouri Supreme Court Rule 68.01.

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

2. SEPARATION AND GROUNDS

2.1. The marriage is irretrievably broken and there remains no reasonable likelihood it can be preserved, pursuant to RSMo § 452.320.

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

2.3. This Agreement constitutes a Separation Agreement under RSMo § 452.325 and shall be submitted for incorporation into the Judgment of Dissolution.

3. DIVISION OF REAL PROPERTY

3.1. Non-Marital Property: Each party retains their non-marital property as defined by RSMo § 452.330(2):

Petitioner's Non-Marital Property:

• [________________________________]
• [________________________________]

Respondent's Non-Marital Property:

• [________________________________]
• [________________________________]

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

☐ Awarded to Petitioner
☐ Awarded to Respondent
☐ Sold and net proceeds divided as follows: [________________________________]

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

3.4. The retaining party assumes sole responsibility for mortgage, property 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 items shall be distributed:

To Petitioner:

• [________________________________]
• [________________________________]
• [________________________________]

To Respondent:

• [________________________________]
• [________________________________]
• [________________________________]

4.3. Vehicles:

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

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 and Brokerage Accounts:

6. DEBT ALLOCATION

6.1. Marital Debts:

Petitioner shall assume and pay:

Respondent shall assume and pay:

6.2. Each party shall indemnify and hold harmless the other.

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

6.4. Non-marital debts (debts incurred before marriage or debts excluded under § 452.330(2)) remain the sole obligation of the incurring party.

7. SPOUSAL MAINTENANCE

7.1. The parties agree to the following:

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

☐ Modifiable Maintenance. [________________] shall pay [________________] $[________] per month beginning [__/__/____] and ending [__/__/____]. This maintenance IS modifiable upon substantial and continuing change in circumstances.

☐ Non-Modifiable Maintenance. [________________] shall pay [________________] $[________] per month beginning [__/__/____] and ending [__/__/____]. This maintenance is NOT modifiable.

☐ Maintenance in Gross. [________________] shall pay [________________] a lump sum of $[________].

7.2. Unless this Agreement and the Judgment expressly provide otherwise, future statutory maintenance terminates upon the death of either party or the recipient's remarriage. Any different survival term must be stated expressly and reviewed for the selected maintenance structure. See RSMo § 452.370.3.

7.3. If modifiable, maintenance may be modified only upon changed circumstances so substantial and continuing as to make the judgment's terms unreasonable, subject to RSMo § 452.325.6. If the original order includes a termination date and is not nonmodifiable, RSMo § 452.335.3 requires the substantial and continuing change to occur before that termination date. See RSMo §§ 452.335.3 and 452.370.1.

8. INSURANCE PROVISIONS

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

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

8.3. Auto Insurance: Each party insures 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.

9.4. Valuation Date: The parties agree that marital property shall be valued as of [__/__/____].

10. MUTUAL RELEASES AND WAIVERS

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

10.2. Each party waives rights to inherit from the other's estate, including any allowance, dower, or curtesy under Missouri law.

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

11. GENERAL PROVISIONS

11.1. Entire Agreement. This is the complete agreement.

11.2. Property Division Final. The property distribution order is final and not subject to modification (RSMo § 452.330(5)), except QDROs may be modified to establish or maintain qualified status.

11.3. Enforcement. The terms of this Agreement may be enforced per RSMo § 452.325.

11.4. Governing Law. Governed by RSMo Chapter 452.

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

11.6. Incorporation. This Agreement shall be incorporated into the Judgment of Dissolution per RSMo § 452.325.

11.7. Voluntary Execution. Signed voluntarily, 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: [__/__/____]

VERIFICATION

STATE OF MISSOURI
COUNTY OF [________________________________]

I, [________________________________] (Petitioner), being duly sworn, state that I have read the foregoing Marital Settlement Agreement and that the statements contained herein are true and correct to the best of my knowledge and belief.

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

Subscribed and sworn to before me this [____] day of [________________], [____].

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

STATE OF MISSOURI
COUNTY OF [________________________________]

I, [________________________________] (Respondent), being duly sworn, state that I have read the foregoing Marital Settlement Agreement and that the statements contained herein are true and correct to the best of my knowledge and belief.

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

Subscribed and sworn to before me this [____] day of [________________], [____].

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

MISSOURI-SPECIFIC NOTES

1. Equitable Distribution: Missouri divides marital property in "just proportions" — not necessarily equally (RSMo § 452.330).

2. Marital Property Definition: All property acquired after marriage is presumed marital, regardless of title (§ 452.330(3)). Exceptions: gifts, inheritance, post-separation acquisitions, property excluded by agreement, and passive appreciation of non-marital property.

3. Commingling: Non-marital property does NOT become marital solely through commingling (§ 452.330(4)).

4. Property Division Is Final: Property distribution is final and non-modifiable (§ 452.330(5)).

5. Maintenance Must State Modifiability: The maintenance order MUST state whether it is modifiable or non-modifiable (§ 452.335(3)).

6. Two-Prong Maintenance Test: Both conditions of § 452.335(1) must be met: insufficient property AND inability to self-support.

7. 30-Day Waiting Period: Missouri has a 30-day waiting period from filing before the decree can be entered (RSMo § 452.320).

8. Residency: At least one party must have been a resident for 90 days before filing (RSMo § 452.305).

9. Conduct Factor: Missouri allows consideration of the conduct of the parties during marriage as a factor in property division (§ 452.330(1)(4)) and maintenance (§ 452.335(2)(9)).

10. Verified Pleadings: All petitions in dissolution proceedings must be verified (RSMo § 452.310(1)).

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