Marital Settlement Agreement (No Children) - Montana

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Montana

Table of Contents

1. Parties and Recitals
2. Jurisdictional Facts
3. Division of Real Property
4. Division of Personal Property
5. Division of Financial Accounts and Retirement
6. Allocation of Debts and Liabilities
7. Spousal Maintenance
8. Insurance Provisions
9. Tax Matters
10. Mutual Releases and Waivers
11. General Provisions
12. Execution and Acknowledgment

1. Parties and Recitals

This Marital Settlement Agreement ("Agreement") is entered into on [__/__/____] by and between:

Petitioner: [________________________________] ("Petitioner")
Date of Birth: [__/__/____]
Address: [________________________________]

Respondent: [________________________________] ("Respondent")
Date of Birth: [__/__/____]
Address: [________________________________]

RECITALS:

A. The parties were lawfully married on [__/__/____] in [________________________________] (city/county, state).

B. The parties state that the jurisdictional facts selected in Section 2 satisfy MCA § 40-4-104(1)(a).

C. The parties believe the marriage is irretrievably broken and identify the supporting facts in Section 2 for the court to evaluate.

D. The parties have no minor children together for whom parenting or support provisions are required in this proceeding, and neither party is currently pregnant.

E. Both parties have made full and complete disclosure of all assets, debts, income, and financial obligations.

F. Both parties enter this Agreement voluntarily, without fraud, duress, or undue influence.

2. Jurisdictional Facts

The parties state that, when the action began, [PETITIONER / RESPONDENT] satisfied one of these routes under MCA § 40-4-104(1)(a):

☐ Was domiciled in Montana, with that domicile maintained for 90 days before filing. Facts and dates: [________________________________]

☐ Was stationed in Montana as a member of the armed services, with that military presence maintained for 90 days before filing. Facts and dates: [________________________________]

The parties ask the court to find the marriage irretrievably broken based on the following evidence under § 40-4-104(1)(b):

☐ They lived separate and apart for more than 180 days before this proceeding began: [DATES AND FACTS].

☐ Serious marital discord adversely affects one or both parties' attitude toward the marriage: [FACTS].

3. Division of Real Property

3.1 Marital Residence:
Property Address: [________________________________]
Legal Description: [________________________________]
Current Estimated Value: $[________________________________]
Outstanding Mortgage Balance: $[________________________________]
Equity: $[________________________________]

☐ The marital residence shall be awarded to [Petitioner / Respondent].
☐ The marital residence shall be listed for sale within [____] days, with net proceeds divided as follows: [________________________________].
☐ The party retaining the residence shall refinance the mortgage within [____] days to remove the other party's name.

3.2 Additional Real Property:
[________________________________]

4. Division of Personal Property

4.1 Personal property has been divided by mutual agreement. Each party shall retain all personal property currently in their possession unless otherwise specified herein.

4.2 Specific Items Awarded to Petitioner:
[________________________________]

4.3 Specific Items Awarded to Respondent:
[________________________________]

4.4 Motor Vehicles:

5. Division of Financial Accounts and Retirement

5.1 Bank Accounts:

5.2 Retirement / Pension Accounts:

☐ A Qualified Domestic Relations Order (QDRO) shall be prepared to effectuate the division of the following accounts: [________________________________].

5.3 Investment and Brokerage Accounts:
[________________________________]

6. Allocation of Debts and Liabilities

6.1 Each party shall assume and hold harmless the other party from the following debts:

Debts Assumed by Petitioner:

Debts Assumed by Respondent:

6.2 Each party shall indemnify and hold the other harmless from any liability arising from the debts they have assumed.

7. Spousal Maintenance

☐ No Maintenance Requested. Each party asks the court to approve no maintenance award. Any intended limit on later modification must be stated expressly in the decree under MCA § 40-4-201(6): [TERMS OR NONE].

☐ Maintenance Requested. The parties request a court order that [Petitioner / Respondent] pay [Petitioner / Respondent] $[________] per month, beginning [__/__/____] for [____] months/years, subject to the decree and applicable modification law. The spouse seeking maintenance lacks sufficient property for reasonable needs because [FACTS] and cannot be self-supporting through appropriate employment because [FACTS]. Relevant financial resources, marriage duration, age, health, training needs, and the paying spouse's ability to meet both parties' needs are [FACTS]. Unless the parties agree otherwise in writing or the decree expressly provides otherwise, future maintenance ends on either party's death or the recipient's remarriage under MCA § 40-4-208(4).

☐ Lump-Sum Maintenance. [Petitioner / Respondent] shall pay [Petitioner / Respondent] a lump sum of $[________] within [____] days of entry of the decree.

8. Insurance Provisions

8.1 Health Insurance:
☐ Each party shall be responsible for obtaining and maintaining their own health insurance upon entry of the final decree.
☐ [Petitioner / Respondent] shall maintain health insurance coverage for [Petitioner / Respondent] for a period of [____] months following entry of the decree.

8.2 Life Insurance:
☐ Not applicable.
☐ [Petitioner / Respondent] shall maintain a life insurance policy with a minimum death benefit of $[________] naming [Petitioner / Respondent] as beneficiary for the duration of any maintenance obligation.

9. Tax Matters

9.1 Tax Returns for Current Year:
☐ If legally eligible, the parties shall file a joint federal and state income tax return for the tax year [____] and shall divide any refund or liability as follows: [________________________________].
☐ Each party shall file separately for the tax year [____].

9.2 Prior Year Obligations: Each party shall be responsible for [____]% of any tax liability, penalties, or interest arising from jointly filed returns for the years [____] through [____].

9.3 Indemnification: Each party shall indemnify and hold the other harmless from any tax liability attributable to the indemnifying party's income or deductions.

10. Mutual Releases and Waivers

10.1 Except as expressly set forth in this Agreement, each party releases the other from claims between them concerning the property and debts divided here.

10.2 Any intended waiver of inheritance or beneficiary rights should be separately reviewed and documented; this clause does not identify or waive a particular estate right.

10.3 Each party shall execute any documents necessary to effectuate the transfers and releases contemplated by this Agreement within [____] days of execution.

11. General Provisions

11.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.

11.2 Modification. The parties may amend this Agreement by a writing signed by both. A change to terms set forth in the decree requires the appropriate court order; the decree may expressly limit modification of qualifying terms if this Agreement so provides, subject to MCA § 40-4-201(6)-(7).

11.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Montana.

11.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.5 Incorporation into Decree. The parties request that this Agreement be incorporated into and made part of the final Decree of Dissolution.

11.6 Voluntary Execution. Each party acknowledges they have read this Agreement, understand its terms, and sign it voluntarily.

11.7 Legal Representation.
☐ Petitioner is represented by [________________________________].
☐ Petitioner is self-represented and has been advised to seek independent legal counsel.
☐ Respondent is represented by [________________________________].
☐ Respondent is self-represented and has been advised to seek independent legal counsel.

12. Execution and Acknowledgment

PETITIONER:

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

RESPONDENT:

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

STATE OF MONTANA
County of [________________________________]

Before me, the undersigned notary public, on this [____] day of [________________], [____], personally appeared [________________________________] (Petitioner) and [________________________________] (Respondent), known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument.

WITNESS my hand and official seal.

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

MONTANA STATE NOTES:

• Montana is an equitable distribution state; property is divided equitably, not necessarily equally (MCA § 40-4-202).
• The court reviews separation agreements for unconscionability before incorporating them into the decree (MCA § 40-4-201).
• Marital misconduct is NOT a factor in property division or maintenance (MCA § 40-4-202; § 40-4-203).
• The court considers property belonging to either or both parties regardless of when acquired or title holder, with the special contribution analysis in MCA § 40-4-202(1) and any enforceable premarital agreement under subsection (5).
• Maintenance depends on the findings and factors in MCA § 40-4-203(1)-(2).
• Jurisdiction under MCA § 40-4-104(1)(a) includes a 90-day domicile route and a 90-day military-stationing route.

Sources and References:

• MCA § 40-4-201 — Separation Agreement
• MCA § 40-4-202 — Division of Property
• MCA § 40-4-203 — Maintenance
• MCA § 40-4-104 — Dissolution of Marriage
• MCA § 40-4-208 — Modification and Termination