Marital Settlement Agreement (No Children) - Nebraska

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Nebraska

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. Alimony / Spousal Support
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 following basis for Nebraska residence under Neb. Rev. Stat. § 42-349 applies (select one):

☐ At least one party actually resided in Nebraska with a bona fide intention of making it a permanent home for at least one (1) year before filing the Complaint for Dissolution.
☐ The marriage was solemnized in Nebraska, and at least one party resided here continuously from marriage to filing.
☐ At least one party serves in the U.S. armed forces and has been continuously stationed at a Nebraska military base or installation for one year, or the marriage was solemnized in Nebraska and that party has resided here from marriage to filing.

C. The marriage is irretrievably broken, and reconciliation is impracticable.

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) residency requirements under Neb. Rev. Stat. § 42-349 have been satisfied; (b) the District Court of [________________________________] County, Nebraska has jurisdiction over this matter; and (c) they ask the court to find that the marriage is irretrievably broken under Neb. Rev. Stat. § 42-361. Section 42-347(3) defines dissolution of marriage by reference to that finding.

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:

☐ The parties shall obtain any separate order required to carry out the agreed division of these retirement accounts, identifying each plan and the assigned share: [________________________________].

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. Alimony / Spousal Support

☐ No Alimony. Each party waives any claim for alimony, now and in the future.

☐ Alimony 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 recipient
• Further order of the court

☐ Lump-Sum Alimony. [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.
☐ If the policy permits continued coverage for the former spouse, [Petitioner / Respondent] shall maintain health insurance coverage for [Petitioner / Respondent] for [____] months after entry of the decree, or until the recipient obtains comparable coverage.

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 alimony obligation.

9. Tax Matters

9.1 Tax Returns for Current Year:
☐ If joint filing is permitted under applicable federal and state tax law for the tax year [____], the parties shall file jointly and divide any refund or liability as follows: [________________________________].
☐ Each party shall use a legally available separate filing status for the tax year [____].

9.2 Prior Year Obligations: As between the parties, each shall bear [____]% 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 for duties stated in this Agreement and claims involving assets or liabilities not disclosed before signing, each party releases the other from property claims addressed by this Agreement, subject to the court's review of the settlement.

10.2 Each party waives any elective share, homestead allowance, exempt property, family allowance, and intestate-succession rights in the other's estate, and benefits under a will the other executed before this Agreement, except as specifically provided here and to the extent this written waiver is enforceable under Neb. Rev. Stat. § 30-2316. Each party acknowledges voluntary execution after receiving a fair and reasonable disclosure of the other's property and financial obligations, attached as Schedules A and B.

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. Before entry of the decree, the parties may amend this Agreement by a writing signed by both parties and submitted to the court. The parties request that the decree expressly preclude modification of its property settlement terms to the extent permitted by Neb. Rev. Stat. § 42-366(7). Any later modification of a decree term requires a court order under applicable law; if alimony was awarded in the original decree, it may be modified for good cause under § 42-365 unless the decree expressly precludes or limits modification.

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

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 NEBRASKA
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 this Agreement, and each acknowledged executing it for the purposes stated in it.

WITNESS my hand and official seal.

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

Schedule A — Petitioner's Financial Disclosure

List Petitioner's property, interests, debts, income, and other financial obligations, including items claimed as separate property. Attach additional pages if needed.

Monthly income and recurring obligations: [________________________________]
Disclosure date: [__/__/____] Petitioner initials: [____] Respondent receipt initials: [____]

Schedule B — Respondent's Financial Disclosure

List Respondent's property, interests, debts, income, and other financial obligations, including items claimed as separate property. Attach additional pages if needed.

Monthly income and recurring obligations: [________________________________]
Disclosure date: [__/__/____] Respondent initials: [____] Petitioner receipt initials: [____]

NEBRASKA STATE NOTES:

• Nebraska is an equitable distribution state; the marital estate is divided equitably, not necessarily equally (Neb. Rev. Stat. § 42-365).
• The court has an independent duty to evaluate the agreement for unconscionability (Neb. Rev. Stat. § 42-366).
• A decree may expressly preclude or limit modification of property settlement terms (§ 42-366(7)); check the decree's actual language.
• Pension plans, retirement plans, annuities, and deferred compensation require review even if unvested; identify the marital portion and any claimed separate portion before division (§ 42-366(8)).
• Identify property acquired before marriage or by gift or inheritance separately; classification and division depend on the facts.
• Alimony terminates on death of either party or remarriage of the recipient unless otherwise agreed (§ 42-365).
• Residency: check the domicile and Nebraska-marriage routes, including the military-stationing rule in § 42-349.

Sources and References:

• Neb. Rev. Stat. § 42-365 — Alimony; Division of Property; Criteria
• Neb. Rev. Stat. § 42-366 — Property Settlements; Effect; Enforcement
• Neb. Rev. Stat. § 42-349 — Residency Before Filing
• Neb. Rev. Stat. § 42-361 — Irretrievable-Breakdown Finding
• Neb. Rev. Stat. § 30-2316 — Spousal Estate-Rights Waiver
• Nebraska Revised Statutes Chapter 42