Marital Settlement Agreement (No Children)

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. At least one party has been a resident of the State of Nevada for at least six (6) weeks immediately preceding the commencement of this action, satisfying jurisdictional requirements under NRS § 125.020.

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

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 a resident of the State of Nevada for six (6) weeks prior to filing; (b) the court has jurisdiction under NRS § 125.020; and (c) the dissolution is sought on the ground of incompatibility.

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:
[________________________________]

4. Division of Real Property

4.1 Marital Residence:
Property Address: [________________________________]
Legal Description: [________________________________]
Current Estimated Value: $[________________________________]
Outstanding Mortgage Balance: $[________________________________]
Equity: $[________________________________]
Character: ☐ Community Property ☐ 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 Qualified Domestic Relations Order (QDRO) shall be prepared to effectuate the division of the following 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.

☐ Alimony Awarded. [Plaintiff / Defendant] shall pay to [Plaintiff / Defendant] 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
• Further order of the court

☐ 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:
☐ 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 [____].

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 Nevada does not impose a state income tax. This section applies to federal tax obligations and any other applicable jurisdiction.

11. Mutual Releases and Waivers

11.1 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.

11.2 Each party waives any right to share in the estate of the other, including but not limited to community property rights upon death, homestead rights, and exempt property rights under Nevada law, except as specifically provided in this Agreement.

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. Property division provisions of this Agreement are not subject to modification. Alimony provisions may be modified upon a showing of changed circumstances pursuant to NRS § 125.150.

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:

• Nevada is a community property state; community property must be divided equally unless compelling reasons justify unequal division (NRS § 125.150).
• Separate property (pre-marriage, gift, inheritance) is confirmed to the owning spouse (NRS § 123.130).
• The court must explain its disposition of pension or retirement benefits (NRS § 125.150).
• Marital fault is NOT considered in alimony or property division.
• Alimony is determined based on 11 statutory factors under NRS § 125.150.
• Nevada has no state income tax; only federal tax implications apply.
• Residency requirement: Six (6) weeks in Nevada (NRS § 125.020).
• The settlement agreement must be attached as an exhibit to the petition if parties file jointly.

Sources and References:

• NRS Chapter 125 — Dissolution of Marriage
• NRS Chapter 123 — Rights of Married Couples
• NRS § 125.150 — Alimony and Property Rights