Marital Settlement Agreement (No Children)

SEPARATION AGREEMENT / MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Ohio

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 Support
11. Insurance Provisions
12. Tax Filing and Obligations
13. Mutual Releases
14. Integration Clause
15. General Provisions
16. Execution and Notarization
17. Ohio-Specific Notes

1. PARTIES AND RECITALS

Petitioner/Plaintiff: [FULL LEGAL NAME]
Co-Petitioner/Defendant: [FULL LEGAL NAME]

Case Number: [________________________________]
Court: Court of Common Pleas, Division of Domestic Relations, [________________________________] County, Ohio

The parties state and agree:

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

b. The parties separated on [__/__/____].

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

d. This proceeding is filed as a: ☐ Divorce / ☐ Dissolution of Marriage.

e. Each party has made full financial disclosure.

f. Each party has had the opportunity to obtain independent legal counsel.

g. This agreement is entered into voluntarily and constitutes a Separation Agreement under O.R.C. § 3105.10 (for divorce) or O.R.C. § 3105.63 (for dissolution).

2. JURISDICTION AND VENUE

a. ☐ Petitioner / ☐ Respondent has been a resident of the State of Ohio for at least six (6) months and a resident of [________________________________] County for at least ninety (90) days immediately preceding the filing, satisfying O.R.C. § 3105.03 (divorce) or O.R.C. § 3105.62 (dissolution).

3. DIVISION OF MARITAL PROPERTY — REAL PROPERTY

a. Awarded to Petitioner/Plaintiff:

b. Awarded to Co-Petitioner/Defendant:

c. Transfer shall be by Quit Claim Deed or Limited Warranty Deed within [____] days.

4. DIVISION OF MARITAL PROPERTY — PERSONAL PROPERTY

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

b. Awarded to Petitioner/Plaintiff: [________________________________]

c. Awarded to Co-Petitioner/Defendant: [________________________________]

5. DIVISION OF MARITAL PROPERTY — VEHICLES

6. DIVISION OF MARITAL PROPERTY — FINANCIAL ACCOUNTS

7. DIVISION OF MARITAL PROPERTY — RETIREMENT AND PENSION

8. SEPARATE PROPERTY

Petitioner's Separate Property: [________________________________]

Respondent's Separate Property: [________________________________]

9. DEBT ALLOCATION

Each party shall indemnify and hold harmless the other.

10. SPOUSAL SUPPORT

Select one:

☐ a. Waiver of Spousal Support. Each party waives the right to spousal support.

☐ b. Spousal Support Shall Be Paid.

• Payor: ☐ Petitioner / ☐ Respondent
• Amount: $[________] per month
• Duration: From [__/__/____] to [__/__/____]
• ☐ The court shall retain jurisdiction to modify. / ☐ The court shall NOT retain jurisdiction to modify.
• Termination Events: Death of either party; remarriage of the recipient; cohabitation of the recipient; or as otherwise ordered.
• Payment Method: [________________________________]

11. INSURANCE PROVISIONS

a. Health Insurance: Each party shall obtain and maintain their own health insurance upon finalization of the divorce/dissolution.

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

12. TAX FILING AND OBLIGATIONS

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

b. Refunds and liabilities shall be allocated: [________________________________].

c.

13. MUTUAL RELEASES

Each party releases the other from all claims arising from the marital relationship, including rights of dower (O.R.C. § 2103.02), elective share, and any interest in the estate of the other party except as set forth herein.

14. INTEGRATION CLAUSE

a. This Agreement constitutes the entire understanding between the parties.

b. In a dissolution proceeding, this Separation Agreement shall be incorporated into and made part of the Decree of Dissolution per O.R.C. § 3105.65.

c. In a divorce proceeding, this Agreement may be incorporated into the Decree of Divorce per O.R.C. § 3105.10(B)(1).

d. No amendment shall be effective unless in writing and signed by both parties.

15. GENERAL PROVISIONS

a. Governing Law: Ohio law shall govern.

b. Severability: Invalid provisions shall not affect the remainder.

c. Attorney's Fees: Each party bears their own fees unless otherwise agreed.

d. Cooperation: Each party shall execute all necessary documents.

16. EXECUTION AND NOTARIZATION

PETITIONER/PLAINTIFF:

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

CO-PETITIONER/DEFENDANT:

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

NOTARIZATION (Required for dissolution Separation Agreements)

State of Ohio
County of [________________________________]

On [__/__/____], before me, a Notary Public, personally appeared [________________________________], who acknowledged the execution of this instrument.

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

[NOTARIAL SEAL]

(Repeat for second party)

17. OHIO-SPECIFIC NOTES

• Divorce vs. Dissolution: Ohio offers two paths. Dissolution (O.R.C. § 3105.61 et seq.) requires a joint petition and Separation Agreement resolving all issues; the court holds a hearing within 30-90 days. Divorce (O.R.C. § 3105.01 et seq.) may be filed by one party.
• Residency: At least one party must have been an Ohio resident for six (6) months and a resident of the filing county for ninety (90) days.
• Waiting Period: For dissolution, the hearing must be held between 30 and 90 days after filing. For divorce, there is no statutory waiting period, but the case must progress through the court's scheduling.
• Equal Division Presumption: Under O.R.C. § 3105.171(C)(1), there is a rebuttable presumption that marital property should be divided equally.
• Separate Property: Ohio strictly distinguishes separate from marital property. Separate property can be invaded only in limited circumstances.
• Spousal Support: No formula; 14 factors under O.R.C. § 3105.18(C)(1) govern.
• Dower Rights: Ohio retains dower rights (O.R.C. § 2103.02). Both parties should release dower in this agreement and in all real property conveyances.
• Retirement: OPERS, STRS, and SERS each have their own Division of Property Order (DOPO) forms. ERISA-governed plans require a QDRO.

SOURCES AND REFERENCES

• Ohio Revised Code Chapter 3105 (Divorce, Alimony, Annulment, Dissolution)
• O.R.C. § 3105.171 (Equitable Division)
• O.R.C. § 3105.18 (Spousal Support)
• O.R.C. § 3105.61-65 (Dissolution)
• O.R.C. § 2103.02 (Dower)

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