Marital Settlement Agreement (No Children) - South Dakota

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

IN THE CIRCUIT COURT, [____] JUDICIAL CIRCUIT

[________________________________] COUNTY, SOUTH DAKOTA

Case No.: [________________________________]

This Marital Settlement Agreement ("Agreement") is made on [__/__/____] by [SPOUSE 1 FULL LEGAL NAME] ("Spouse 1") and [SPOUSE 2 FULL LEGAL NAME] ("Spouse 2"). The spouses married on [__/__/____] at [LOCATION]. They state that there are no minor or dependent children of this marriage and no pregnancy requiring a child-related provision in this Agreement.

The spouses ask the court to consider this Agreement if a divorce is granted. They have exchanged the financial information listed in Schedules A and B and intend the property and support terms below as their proposed settlement. Each spouse has had an opportunity to obtain independent legal advice.

1. Separation and requested disposition

Date of separation, if any: [__/__/____]. The spouses state that irreconcilable differences exist. Under SDCL § 25-4-17.1, the court determines whether those differences are substantial reasons for not continuing the marriage and make dissolution appropriate.

Existing temporary orders or agreements affecting these terms: [________________________________]. The spouses will identify any conflict to the court when submitting this Agreement.

2. Real property

☐ Neither spouse owns real property.

For property awarded to one spouse, the parties will sign any required transfer documents by [__/__/____]. If a mortgage or lien remains, the spouse responsible for it will [REFINANCE / SELL / OTHER] by [__/__/____]. This allocation is between the spouses; it does not release either from a lender's claim without the lender's consent.

3. Personal property, accounts, and retirement

Vehicles, titles, and loan responsibility: [________________________________].

Retirement or pension plans and division method: [________________________________]. The spouses will cooperate in preparing any separate plan order or transfer document required to carry out an approved division.

Equalization payment, if any: $[________] from [SPOUSE] to [SPOUSE], due [__/__/____], by [PAYMENT METHOD].

The spouses request the proposed division under SDCL § 25-4-44, understanding that the court may equitably divide property belonging to either or both spouses regardless of title and must consider equity and their circumstances.

4. Debts and obligations

Each spouse will pay debts allocated to that spouse above and provide the other with proof of payment on reasonable request. This allocation does not change a creditor's rights without that creditor's agreement. Unlisted debts and method for resolving them: [________________________________].

5. Spousal support

Choose one proposal and complete every selected blank:

☐ Neither spouse requests a support allowance in this proposed settlement. The court retains the authority described in SDCL § 25-4-41.

☐ [SPOUSE] will pay [SPOUSE] $[________] every [WEEK / MONTH] beginning [__/__/____] through [__/__/____], by [PAYMENT METHOD]. Any agreed change or ending condition: [________________________________], subject to court order and applicable law.

☐ Other proposed support arrangement: [________________________________].

SDCL § 25-4-41 permits the court, when granting divorce, to make a suitable support allowance it deems just in view of the parties' circumstances and to modify its support orders from time to time. This Agreement does not declare support permanently nonmodifiable.

6. Insurance and taxes

Health insurance after divorce: [________________________________]. The parties will confirm eligibility and cost with any insurer or plan administrator before relying on continued coverage.

Life insurance, if agreed: [POLICY / OWNER / BENEFICIARY / AMOUNT / DURATION]. Any beneficiary change will be completed with the insurer.

Tax returns, refunds, and liabilities: [________________________________]. The parties will determine available filing status under applicable tax law for each tax year and will cooperate on records needed to implement this section. This Agreement does not change either party's obligations to a taxing authority.

7. Disclosure, further documents, and court submission

Each spouse confirms receipt of the other spouse's completed financial schedule dated [__/__/____]. Assets, debts, income, or claims requiring further disclosure: [________________________________]. Each will provide a written update for a material omission before the court considers this settlement.

The spouses will sign reasonable documents needed to carry out a court-approved settlement. Any property, estate right, support right, or claim intended to be released must be identified expressly here: [________________________________]. A blank line creates no release of an unlisted right.

The spouses request that the court approve the completed terms as appropriate. If the court does not approve a provision, they will confer about a revised writing or submit the unresolved issue for decision. A modification of this Agreement must be in writing and signed by both spouses, and a change to a court order must be submitted to the court.

8. Signatures

Each spouse states that the spouse has read this Agreement and its schedules, understands the selected terms, and signs voluntarily. Schedules A and B are attached and signed or initialed.

Schedule A — Spouse 1 financial disclosure

Spouse 1 initials and date: [________] [__/__/____]

Schedule B — Spouse 2 financial disclosure

Spouse 2 initials and date: [________] [__/__/____]