Marital Settlement Agreement (No Children) - Nevada

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Nevada

Table of Contents

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

1. Parties and Recitals

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

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

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

RECITALS:

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

B. [PARTY] has resided in Nevada since [__/__/____] and for at least six weeks immediately before the divorce action was filed or will be filed on [__/__/____], as required by NRS 125.020, unless the court determines the statute's county-of-accrual domicile exception applies.

C. The parties are incompatible, and the marriage should be dissolved.

D. There are no minor children of the parties' relationship born before or during the marriage or adopted by the parties, and neither party knows of a current pregnancy.

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 request a divorce on the ground of incompatibility under NRS 125.010(3). Residence, venue, and jurisdiction are as stated in recital B and the filed petition or complaint; this Agreement does not itself grant a divorce.

3. Community and Separate Property Identification

3.1 Community Property: The parties identify the following as community property subject to division:
[________________________________]

3.2 Separate Property of Plaintiff: The parties confirm that the following is the separate property of Plaintiff and shall be confirmed to Plaintiff:
[________________________________]

3.3 Separate Property of Defendant: The parties confirm that the following is the separate property of Defendant and shall be confirmed to Defendant:
[________________________________]

3.4 Proposed Community Division: Approximate net community value awarded to Plaintiff: $[________]; to Defendant: $[________]. ☐ The proposed division is substantially equal. ☐ The parties request an unequal division for these facts they ask the court to consider and address in written findings under NRS 125.150(1)(b): [________________________________].

4. Division of Real Property

4.1 Marital Residence:
Property Address: [________________________________]
Legal Description: [________________________________]
Current Estimated Value: $[________________________________]
Outstanding Mortgage Balance: $[________________________________]
Equity: $[________________________________]
Character: ☐ Community Property ☐ Joint tenancy ☐ Separate Property of [________________]

☐ The marital residence shall be awarded to [Plaintiff / Defendant].
☐ 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.

4.2 Additional Real Property:
[________________________________]

5. Division of Personal Property

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

5.2 Specific Items Awarded to Plaintiff:
[________________________________]

5.3 Specific Items Awarded to Defendant:
[________________________________]

5.4 Motor Vehicles:

6. Division of Financial Accounts and Retirement

6.1 Bank Accounts:

6.2 Retirement / Pension Accounts:

☐ A separate retirement-plan order acceptable to the plan and court shall be prepared for these accounts: [________________________________].

6.3 Investment and Brokerage Accounts:
[________________________________]

7. Allocation of Debts and Liabilities

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

Debts Assumed by Plaintiff:

Debts Assumed by Defendant:

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

8. Spousal Support / Alimony

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

☐ Periodic Alimony. [Plaintiff / Defendant] shall pay [Plaintiff / Defendant] $[________] per month beginning [__/__/____] for [____] months, subject to the decree and any lawful modification. Under NRS 125.150(6), periodic payments cease on either party's death or the receiving spouse's remarriage unless the court orders otherwise. Requested different decree term, if any: [________________________________].

☐ Lump-Sum Alimony. [Plaintiff / Defendant] shall pay [Plaintiff / Defendant] a lump sum of $[________] within [____] days of entry of the decree.

9. Insurance Provisions

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

9.2 Life Insurance:
☐ Not applicable.
☐ [Plaintiff / Defendant] shall maintain a life insurance policy with a minimum death benefit of $[________] naming [Plaintiff / Defendant] as beneficiary for the duration of any alimony obligation.

10. Tax Matters

10.1 Tax Returns for Current Year: Subject to eligibility under applicable tax law, the parties ☐ intend to file jointly for tax year [____] ☐ intend to file separate returns. Refund or liability between the parties: [________________________________].

10.2 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 [____].

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

10.4 Each party remains responsible to taxing authorities as applicable; this allocation governs reimbursement between the parties only.

11. Mutual Releases and Waivers

11.1 Except for obligations expressly preserved here or in the decree, each party releases the other from further claims between them to divide the property and debts disclosed and allocated in this Agreement.

11.2 This Agreement does not by itself amend a will, beneficiary designation, account title, or deed. The parties will execute any separate instruments they choose or that are required to carry out the decree.

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

12. General Provisions

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

12.2 Modification after Decree. Under NRS 125.150(7), a court-approved property settlement may later be modified by written stipulation signed and acknowledged by both parties. NRS 125.150(3) also provides a limited postjudgment route for community property or liabilities omitted because of fraud or mistake. Accrued periodic alimony is not modifiable; unaccrued payments may be modified on changed circumstances under NRS 125.150(8).

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

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

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

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

12.7 Legal Representation.
☐ Plaintiff is represented by [________________________________].
☐ Plaintiff is self-represented and has been advised to seek independent legal counsel.
☐ Defendant is represented by [________________________________].
☐ Defendant is self-represented and has been advised to seek independent legal counsel.

13. Execution and Acknowledgment

PLAINTIFF:

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

DEFENDANT:

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

STATE OF NEVADA
County of [________________________________]

Before me, the undersigned notary public, on this [____] day of [________________], [____], personally appeared [________________________________] (Plaintiff) and [________________________________] (Defendant), 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: ________________________________
My Commission Expires: [__/__/____]

NEVADA STATE NOTES:

• NRS 125.150(1)(b) directs an equal division of community property to the extent practicable. An unequal division requires a compelling reason and written findings.
• NRS 123.130 and 123.220 distinguish separate from community property; written agreements and other statutory exceptions can affect characterization.
• NRS 125.150(1)(c) requires an explanation of the decree's pension or retirement provisions. Subsections 9 and 10 address alimony factors and training or education support.
• For a joint summary divorce, confirm every condition in NRS 125.181, including the waivers in subsection 6 and any transfer instruments. If the parties ask the court to approve this Agreement or include it in the decree, identify and attach it to the joint petition under NRS 125.182(3).

Sources and References:

• NRS Chapter 125 — Dissolution of Marriage
• NRS Chapter 123 — Rights of Married Couples
• NRS 125.150 — Alimony and property rights