Marital Settlement Agreement (No Children)

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of New Hampshire

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. At least one party has been domiciled in the State of New Hampshire for at least one (1) year prior to the filing of this petition, or the cause of divorce arose while one party resided in New Hampshire and the party has been domiciled since that time.

C. Irreconcilable differences have caused the irremediable breakdown of the marriage, and reconciliation is not reasonably probable (RSA 458:7-a).

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/domicile requirements have been satisfied; (b) the Family Division of the Circuit Court or the Superior Court of [________________________________] County, New Hampshire has jurisdiction; and (c) the dissolution is sought on the ground of irreconcilable differences (RSA 458:7-a).

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.
☐ The court shall not require sale because [Petitioner / Respondent] can fully and fairly compensate the other for their interest (RSA 458:16-a).

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:

4.5 Animals:

☐ Not applicable — the parties do not own animals.
☐ The following animal(s) shall be awarded to [Petitioner / Respondent]: [________________________________].
☐ Care and ownership arrangements: [________________________________].

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. Alimony / Spousal Support

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

☐ Term Alimony Awarded. [Petitioner / Respondent] shall pay to [Petitioner / Respondent] the sum of $[________] per month, beginning [__/__/____] and continuing for [____] months (not to exceed 50% of the marriage duration), or until the occurrence of any of the following:

• Death of either party
• Remarriage of the recipient
• Cohabitation of the recipient as defined by RSA 458:19-aa
• The recipient's attainment of full-time employment at a specified income
• Further order of the court

☐ Reimbursement Alimony Awarded. [Petitioner / Respondent] shall pay to [Petitioner / Respondent] the sum of $[________], payable as follows: [________________________________].

☐ Lump-Sum Payment. [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 alimony obligation.

9. Tax Matters

9.1 Tax Returns for Current Year:
☐ The parties shall file a joint federal 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.

9.4 New Hampshire does not impose a general state income tax on wages. The Interest and Dividends Tax (RSA 77) applies to interest and dividend income above certain thresholds. The parties shall address any applicable interest/dividends tax obligations as follows: [________________________________].

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 homestead rights and statutory allowances under New Hampshire 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. Property division provisions of this Agreement are not subject to modification. Alimony provisions may be modified or terminated pursuant to RSA 458:19-aa upon a showing of changed circumstances.

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

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 Divorce.

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 NEW HAMPSHIRE
County of [________________________________]

Before me, the undersigned notary public/justice of the peace, 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 executed the instrument.

WITNESS my hand and official seal.

Notary Public / Justice of the Peace: ________________________________
My Commission Expires: [__/__/____]

NEW HAMPSHIRE STATE NOTES:

• New Hampshire is an equitable distribution state with a presumption of equal (50/50) division (RSA 458:16-a).
• All property is divisible, including property acquired before marriage, regardless of title.
• The court must provide written reasons for any departure from equal division.
• Three types of alimony: temporary, term, and reimbursement (RSA 458:19, 458:19-a).
• Term alimony formula: lesser of payee's need or 23% of income difference (30% if tax-deductible); max duration 50% of marriage length (RSA 458:19-a).
• Animals are tangible property; agreements must address their care and wellbeing (RSA 458:16-a).
• Fault may be considered in alimony determinations (RSA 458:19).
• No general state income tax on wages; Interest and Dividends Tax may apply (RSA 77).
• Residency requirement: One year domicile in New Hampshire.

Sources and References:

• RSA 458:16-a — Property Settlement
• RSA 458:19-a — Term and Reimbursement Alimony
• RSA 458:19-aa — Alimony Modification or Termination
• New Hampshire Statutes Chapter 458 — Table of Contents