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 have been residents of the State of Montana for at least ninety (90) days preceding the filing of this action, satisfying jurisdictional requirements under MCA § 40-4-104.

C. There has been an irretrievable breakdown of the marriage, and reconciliation is not reasonably possible.

D. There are NO minor children born of or adopted during this marriage, 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 confirm that: (a) at least one party has been domiciled in Montana for ninety (90) or more days prior to filing; (b) this court has jurisdiction under MCA § 40-4-104; and (c) the dissolution is sought on the ground of irretrievable breakdown of the marriage.

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. Each party waives any claim for spousal maintenance, now and in the future.

☐ Maintenance Awarded. [Petitioner / Respondent] shall pay to [Petitioner / Respondent] the sum of $[________] per month, beginning [__/__/____] and continuing for a period of [____] months/years, or until the occurrence of any of the following:

• Death of either party
• Remarriage of the receiving party
• Cohabitation of the receiving party as defined by applicable law
• Further order of the court

☐ 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:
☐ 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 hereby releases the other from any and all claims, demands, obligations, and causes of action of any nature, known or unknown, arising out of the marital relationship.

10.2 Each party waives any right to share in the estate of the other, including but not limited to elective share, homestead, and exempt property rights under Montana law, except as specifically provided in this Agreement.

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. This Agreement may be modified only by a written instrument signed by both parties and approved by the court, consistent with MCA § 40-4-201.

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).
• All property is subject to division regardless of when acquired or title holder (MCA § 40-4-202).
• There is no statutory formula for spousal maintenance; the court applies broad judicial discretion (MCA § 40-4-203).
• Residency requirement: 90 days domicile in Montana (MCA § 40-4-104).

Sources and References:

• MCA § 40-4-201 — Separation Agreement
• MCA § 40-4-202 — Division of Property
• MCA § 40-4-203 — Maintenance
• Montana Code Title 40, Chapter 4 — Dissolution of Marriage