Marital Settlement Agreement (No Children)

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Texas

TABLE OF CONTENTS

1. Parties and Recitals
2. Jurisdiction and Venue
3. Division of Community Estate — Real Property
4. Division of Community Estate — Personal Property
5. Division of Community Estate — Vehicles
6. Division of Community Estate — Financial Accounts
7. Division of Community Estate — Retirement and Pension
8. Confirmation of Separate Property
9. Division of Community Debts
10. Spousal Maintenance / Contractual Alimony
11. Insurance Provisions
12. Tax Filing and Obligations
13. Mutual Releases and Waivers
14. Integration Clause
15. General Provisions
16. Execution and Notarization
17. Texas-Specific Notes

1. PARTIES AND RECITALS

Petitioner: [FULL LEGAL NAME] ("Petitioner")
Respondent: [FULL LEGAL NAME] ("Respondent")

Cause Number: [________________________________]
Court: [____] District Court, [________________________________] County, Texas

The parties state and agree as follows:

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

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

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

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

e. This agreement is entered into voluntarily, without fraud, duress, or coercion, and represents a "just and right" division of the community estate as contemplated by Tex. Fam. Code § 7.001.

f. This agreement is intended to constitute an Agreement Incident to Divorce under Tex. Fam. Code § 7.006.

2. JURISDICTION AND VENUE

a. ☐ Petitioner / ☐ Respondent has been a domiciliary of the State of Texas for at least six (6) months and a resident of [________________________________] County for at least ninety (90) days immediately preceding the filing of this suit, satisfying Tex. Fam. Code § 6.301.

b. At least sixty (60) days have elapsed since the date the Original Petition for Divorce was filed, satisfying the mandatory waiting period under Tex. Fam. Code § 6.702.

3. DIVISION OF COMMUNITY ESTATE — REAL PROPERTY

a. The following real property is awarded to Petitioner:

b. The following real property is awarded to Respondent:

c. The party receiving real property shall execute or cause to be executed a Special Warranty Deed transferring the other party's interest within [____] days of the entry of the Final Decree of Divorce.

d. The receiving party shall be solely responsible for all mortgage payments, taxes, insurance, and maintenance of the awarded property and shall indemnify and hold harmless the other party.

4. DIVISION OF COMMUNITY ESTATE — PERSONAL PROPERTY

a. Each party shall retain all personal property currently in their possession.

b. Specifically awarded to Petitioner: [________________________________]

c. Specifically awarded to Respondent: [________________________________]

d. ☐ An equalizing payment of $[________] shall be paid by ☐ Petitioner / ☐ Respondent within [____] days of the date of the Final Decree.

5. DIVISION OF COMMUNITY ESTATE — VEHICLES

Each party shall transfer title as necessary and assume all obligations on the awarded vehicle.

6. DIVISION OF COMMUNITY ESTATE — FINANCIAL ACCOUNTS

7. DIVISION OF COMMUNITY ESTATE — RETIREMENT AND PENSION

a. The community property interest in the following retirement accounts shall be divided:

b. Each party retains as separate property any retirement benefits earned before marriage and after the date of separation.

c. The parties shall cooperate in preparation and filing of any QDRO.

8. CONFIRMATION OF SEPARATE PROPERTY

Each party confirms and agrees that the following is the separate property of the designated party:

Petitioner's Separate Property: [________________________________]

Respondent's Separate Property: [________________________________]

9. DIVISION OF COMMUNITY DEBTS

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

10. SPOUSAL MAINTENANCE / CONTRACTUAL ALIMONY

Select one:

☐ a. No Spousal Maintenance or Alimony. Each party waives the right to spousal maintenance and contractual alimony.

☐ b. Contractual Alimony Shall Be Paid.

• Payor: ☐ Petitioner / ☐ Respondent
• Amount: $[________] per month
• Commencement Date: [__/__/____]
• Termination Date: [__/__/____]
• Termination Events: Death of either party, remarriage of the recipient, or cohabitation of the recipient with another person in a permanent place of abode on a continuing conjugal basis.
• Payment Method: [________________________________]

☐ c. Court-Ordered Spousal Maintenance.

• Amount: $[________] per month (not to exceed the lesser of $5,000 or 20% of obligor's gross monthly income)
• Duration: [____] months (statutory maximum based on marriage length per § 8.054)

11. INSURANCE PROVISIONS

a. Health Insurance: Each party shall be responsible for their own health insurance upon entry of the Final Decree.

b. Life Insurance: ☐ Not applicable / ☐ [Petitioner/Respondent] shall maintain a life insurance policy with a minimum death benefit of $[________] naming the other party as beneficiary until [__/__/____] to secure alimony obligations.

12. TAX FILING AND OBLIGATIONS

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

b. Tax refunds and liabilities for joint returns shall be allocated as follows: [________________________________].

c. Each party shall indemnify the other for tax liability attributable to their individual income.

d.

13. MUTUAL RELEASES AND WAIVERS

a. Except as provided herein, each party releases the other from all claims arising from the marital relationship.

b. Each party waives any right to share in the estate of the other, including homestead rights, community property survivorship rights, and any rights under the Texas Estates Code.

14. INTEGRATION CLAUSE

a. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.

b. This Agreement shall be incorporated into the Final Decree of Divorce. Once incorporated, it is enforceable as a court order per Tex. Fam. Code § 7.006(b).

c. This Agreement may not be modified except by written instrument signed by both parties.

15. GENERAL PROVISIONS

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

b. Severability: If any provision is invalid, the remainder shall remain in effect.

c. Attorney's Fees: In any action to enforce this Agreement, the prevailing party may recover reasonable attorney's fees.

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

16. EXECUTION AND NOTARIZATION

PETITIONER:

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

RESPONDENT:

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

NOTARIZATION

State of Texas
County of [________________________________]

On [__/__/____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein stated.

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

[NOTARIAL SEAL]

(Repeat for second party)

17. TEXAS-SPECIFIC NOTES

• Community Property State: Texas presumes all property acquired during marriage is community property (Tex. Fam. Code § 3.003). The burden is on the party claiming separate property to prove it by clear and convincing evidence.
• Waiting Period: A minimum of 60 days must pass from filing before the divorce can be finalized (Tex. Fam. Code § 6.702).
• Residency: At least one party must have been domiciled in Texas for six (6) months and a resident of the filing county for ninety (90) days (Tex. Fam. Code § 6.301).
• Spousal Maintenance vs. Contractual Alimony: Court-ordered maintenance is limited (cap of $5,000/month or 20% of gross income; maximum duration of 5, 7, or 10 years depending on marriage length). Contractual alimony has no statutory cap but is enforceable only as a contract.
• No State Income Tax: Texas does not impose a state income tax, but federal tax implications apply to all property transfers and support payments.
• Filing: The agreement should be attached to the Final Decree of Divorce and submitted to the court for approval.

SOURCES AND REFERENCES

• Texas Family Code Title 1, Subtitle C (Dissolution of Marriage)
• Texas Family Code Chapter 3 (Marital Property Rights)
• Texas Family Code Chapter 7 (Award of Marital Property)
• Texas Family Code Chapter 8 (Maintenance)
• Texas Family Code § 6.301 (Residency), § 6.702 (Waiting Period)

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