Marital Settlement Agreement (No Children)

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of New York

TABLE OF CONTENTS

1. Parties and Recitals
2. Jurisdiction and Venue
3. Division of Marital Property — Real Property
4. Division of Marital Property — Personal Property
5. Division of Marital Property — Vehicles
6. Division of Marital Property — Financial Accounts
7. Division of Marital Property — Retirement and Pension
8. Separate Property
9. Debt Allocation
10. Spousal Maintenance
11. Insurance Provisions
12. Tax Filing and Obligations
13. Mutual Releases and Waivers
14. Integration Clause
15. General Provisions
16. Execution, Acknowledgment, and Filing
17. New York-Specific Notes

1. PARTIES AND RECITALS

Plaintiff: [FULL LEGAL NAME] ("Plaintiff")
Defendant: [FULL LEGAL NAME] ("Defendant")

Index Number: [________________________________]
Court: Supreme Court of the State of New York, County of [________________________________]

The parties state and agree:

a. The parties were lawfully married on [__/__/____] in [CITY, COUNTY, STATE/COUNTRY].

b. The parties have lived separate and apart since [__/__/____].

c. There are no minor children born of or adopted during this marriage, and no party is currently pregnant.

d. Each party has made full financial disclosure, including completion of a Statement of Net Worth as required by 22 NYCRR § 202.16.

e. Each party has had the opportunity to consult independent legal counsel.

f. This agreement is entered into voluntarily.

2. JURISDICTION AND VENUE

☐ a. The parties were married in New York and either party is a resident at the time of filing, and has been a resident for a continuous period of one (1) year (DRL § 230(1)).

☐ b. The parties resided in New York as married persons and either party is a resident at the time of filing and has been for one (1) continuous year (DRL § 230(2)).

☐ c. The grounds for divorce arose in New York and either party is a resident at the time of filing and has been for one (1) continuous year (DRL § 230(3)).

☐ d. The grounds for divorce arose in New York and both parties are New York residents at the time of filing (DRL § 230(4)).

☐ e. Either party has been a New York resident for a continuous period of at least two (2) years (DRL § 230(5)).

3. DIVISION OF MARITAL PROPERTY — REAL PROPERTY

a. Awarded to Plaintiff:

b. Awarded to Defendant:

c. The receiving party shall execute a Bargain and Sale Deed or Quitclaim Deed within [____] days. Any transfer taxes shall be borne by [________________________________].

4. DIVISION OF MARITAL PROPERTY — PERSONAL PROPERTY

a. Each party retains personal property currently in their possession.

b. Specifically awarded to Plaintiff: [________________________________]

c. Specifically awarded to Defendant: [________________________________]

d. ☐ An equalizing distributive award of $[________] shall be paid by ☐ Plaintiff / ☐ Defendant.

5. DIVISION OF MARITAL PROPERTY — VEHICLES

6. DIVISION OF MARITAL PROPERTY — FINANCIAL ACCOUNTS

7. DIVISION OF MARITAL PROPERTY — RETIREMENT AND PENSION

The marital portion of defined benefit plans shall be calculated using the ☐ Majauskas formula / ☐ other method: [________________________________].

8. SEPARATE PROPERTY

Plaintiff's Separate Property: [________________________________]

Defendant's Separate Property: [________________________________]

9. DEBT ALLOCATION

Each party shall indemnify and hold harmless the other from debts allocated to them.

10. SPOUSAL MAINTENANCE

Select one:

☐ a. Waiver of Maintenance. Each party waives the right to spousal maintenance. Both parties acknowledge this waiver deviates from the maintenance guidelines and is made knowingly and voluntarily.

☐ b. Maintenance Shall Be Paid.

• Payor: ☐ Plaintiff / ☐ Defendant
• Amount: $[________] per month
• Type: ☐ Durational / ☐ Non-durational
• Commencement: [__/__/____]
• Termination: [__/__/____]
• Termination Events: Death of either party; remarriage of the payee; or further order of court.
• Payment Method: [________________________________]

☐ c. Maintenance per Guidelines. The parties agree to the advisory guideline amount of $[________] per month for a duration of [____] months based on a marriage of [____] years.

11. INSURANCE PROVISIONS

a. Health Insurance: Each party shall be responsible for their own health insurance upon entry of judgment. COBRA or New York state health insurance continuation options shall be explored at each party's expense.

b. Life Insurance: ☐ Not applicable / ☐ [Plaintiff/Defendant] shall maintain a policy of $[________] naming the other party as beneficiary through [__/__/____].

12. TAX FILING AND OBLIGATIONS

a. For tax year [____], the parties shall file: ☐ Jointly / ☐ Married Filing Separately.

b. Any refund or liability shall be divided as follows: [________________________________].

c. Each party shall indemnify the other for tax liability arising from their individual income.

d.

13. MUTUAL RELEASES AND WAIVERS

a. Each party releases the other from all claims arising out of the marital relationship except as set forth herein.

b. Each party waives all rights of election against the estate of the other under New York EPTL § 5-1.1-A (elective share), as well as intestate succession, dower, curtesy, and any other spousal rights in the other's estate.

14. INTEGRATION CLAUSE

a. This Agreement represents the entire understanding of the parties.

b. This Agreement shall be incorporated but not merged into the Judgment of Divorce, and shall survive as an independent, enforceable contract.

c. No amendment shall be effective unless in writing and acknowledged (notarized) by both parties.

15. GENERAL PROVISIONS

a. Governing Law: This Agreement shall be governed by the laws of the State of New York.

b. Severability: Invalid provisions shall not affect the enforceability of the remaining provisions.

c. Attorney's Fees: Each party shall bear their own attorney's fees unless otherwise ordered by the court.

d. Cooperation: Each party shall execute all documents necessary to carry out this Agreement.

16. EXECUTION, ACKNOWLEDGMENT, AND FILING

PLAINTIFF:

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

DEFENDANT:

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

ACKNOWLEDGMENT (Required under DRL § 236(B)(3))

State of New York
County of [________________________________]

On this [____] day of [____________], [____], before me, the undersigned, personally appeared [________________________________], personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

Notary Signature: ________________________________
Printed Name: [________________________________]
Commission Expires: [__/__/____]

[NOTARIAL SEAL]

(Repeat for second party)

17. NEW YORK-SPECIFIC NOTES

• Acknowledgment Required: Under DRL § 236(B)(3), the agreement MUST be acknowledged (notarized) in the manner required for a deed to be recorded. Failure to do so renders the agreement unenforceable.
• Residency: New York has five alternative residency bases under DRL § 230, ranging from requiring both parties to be residents to requiring a single party to have resided in the state for two continuous years.
• No-Fault Grounds: New York permits no-fault divorce based on an irretrievable breakdown of the marriage for at least six (6) months (DRL § 170(7)). All economic issues must be resolved before judgment.
• Waiting Period: There is no separate mandatory waiting period after filing in New York, but the no-fault ground requires the relationship to have broken down for six months.
• Maintenance Guidelines: New York uses an income-based formula with a payor income cap (currently $250,000). Duration guidelines range from 15% to 30-50% of marriage length depending on length.
• Majauskas Formula: For pension division, New York uses the Majauskas formula (from Majauskas v. Majauskas, 61 N.Y.2d 481 (1984)) to calculate the marital portion of a defined benefit pension.
• Statement of Net Worth: Both parties must file a Statement of Net Worth per 22 NYCRR § 202.16.

SOURCES AND REFERENCES

• New York Domestic Relations Law Article 13, § 236(B)
• New York Domestic Relations Law § 170 (Grounds), § 230 (Residency)
• New York EPTL § 5-1.1-A (Right of Election)
• 22 NYCRR § 202.16 (Matrimonial Rules)
• Majauskas v. Majauskas, 61 N.Y.2d 481 (1984)

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed New York attorney before use.