Marital Settlement Agreement (No Children) - Utah

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN) — UTAH

CURRENT-LAW GATE: Utah recodified the divorce statutes into Title 81,
effective September 1, 2024. This agreement is a proposed settlement, not a
divorce decree. The district court retains authority to enter the decree and
equitable orders. Before signing, confirm the filing-county jurisdiction,
current disclosures, creditor exposure, tax consequences, retirement-plan
procedures, and whether each provision should be incorporated, merged, or
survive under the proposed decree.

TABLE OF CONTENTS

1. Parties and Recitals
2. Separation and Grounds
3. Division of Real Property
4. Division of Personal Property
5. Division of Financial Accounts
6. Retirement and Pension Benefits
7. Debt Allocation
8. Alimony
9. Insurance Provisions
10. Tax Filing and Obligations
11. Mutual Release and Waiver
12. Execution and Notarization
13. Utah Jurisdictional Notes
14. Official Sources

1. PARTIES AND RECITALS

This Agreement is entered into on [__/__/____] by and between:

Spouse 1 (Petitioner): [________________________________] (DOB: [__/__/____])
Address: [________________________________]

Spouse 2 (Respondent): [________________________________] (DOB: [__/__/____])
Address: [________________________________]

The Parties were lawfully married on [__/__/____] in [________________________________] (city/county, state). The Parties separated on or about [__/__/____]. There are no minor or dependent children of this marriage, no child is expected, and this agreement does not resolve parentage, custody, parent-time, or child support. Both Parties have completed and exchanged the disclosures required for this case, have had the opportunity to consult independent counsel, and enter this Agreement voluntarily.

2. SEPARATION AND GROUNDS

The Parties ask the court to dissolve the marriage on the ground of irreconcilable differences under Utah Code Section 81-4-405(1)(h).

3. DIVISION OF REAL PROPERTY

Marital Residence: [________________________________]

• Fair Market Value: $[________] | Mortgage Balance: $[________]

☐ Spouse 1 retains and shall refinance solely in his/her name within [____] days of the Final Decree.
☐ Spouse 2 retains and shall refinance solely in his/her name within [____] days of the Final Decree.
☐ Property shall be listed for sale within [____] days; net proceeds divided: [________________________________].
☐ No real property owned.

Other Real Property: [________________________________]

The retaining Party shall execute all deeds/transfers necessary within [____] days. A conveyance or debt allocation between the Parties does not, by itself, release either Party from a mortgage, deed of trust, guaranty, or other obligation to a creditor. State the remedy if a required refinance or creditor release is unavailable: [________________________________].

4. DIVISION OF PERSONAL PROPERTY

To Spouse 1: [________________________________]
To Spouse 2: [________________________________]

Vehicles:

Each Party shall execute titles/transfers within [____] days.

5. DIVISION OF FINANCIAL ACCOUNTS

Equalization Payment (if any): $[________] from [Spouse __] to [Spouse __] by [__/__/____].

6. RETIREMENT AND PENSION BENEFITS

☐ A QDRO shall be prepared for: [________________________________].
☐ Each Party retains own retirement accounts without division.
☐ Other: [________________________________]

7. DEBT ALLOCATION

As between the Parties, each Party shall pay and indemnify the other from the debts assigned to that Party. This allocation does not alter a creditor's rights unless the creditor agrees. The decree should identify responsibility for joint marital debts and require the notices contemplated by Utah Code Sections 81-4-406(3) and 15-4-6.5. Treatment of debts incurred after separation: [________________________________].

8. ALIMONY

☐ No Alimony. Each Party waives any claim to alimony, now and in the future, knowingly and voluntarily.

☐ Alimony Payable:

• Payor: ☐ Spouse 1 ☐ Spouse 2
• Amount: $[________] per ☐ month ☐ week
• Start: [__/__/____] | End: [__/__/____]
• Petition filing date used to calculate statutory marriage length: [__/__/____]
• Statutory length of marriage under Section 81-4-501(4): [____] years / months
• Prior marriage and remarriage between these same Parties requiring review under Section 81-4-502(8): ☐ No ☐ Yes — [DETAILS]
• Requested duration: [____] years / months. Section 81-4-502(7) generally bars a longer award absent extenuating circumstances or good cause and counts temporary alimony toward the ordered period.
• Unless the decree specifically provides otherwise, court-ordered alimony automatically terminates on the payee's remarriage or death. Cohabitation requires the payor to establish the statutory facts and seek relief no later than one year after the payor knew or should have known of the cohabitation. Any different negotiated termination event, including payor death, must be stated expressly: [________________________________].
• Payment method: [________________________________]

☐ Rehabilitative Alimony: $[________] per month for [____] months.

☐ Lump Sum: $[________] payable by [__/__/____].

9. INSURANCE PROVISIONS

Health Insurance:
☐ Each Party responsible for own coverage after the Final Decree.
☐ If permitted by the governing plan and applicable law, [Spouse __] will provide or subsidize continuation coverage as follows: [________________________________].

Life Insurance:
☐ Not applicable.
☐ [Spouse __] maintains policy of $[________] naming other as beneficiary while support obligations continue. Carrier: [________] Policy No.: [________]

For every life-insurance policy or annuity contract owned by a Party, the proposed decree must include the acknowledgment required by Utah Code Section 81-4-406(3)(d). Complete the following after reviewing the carrier records:

10. TAX FILING AND OBLIGATIONS

The Parties shall determine federal and state filing status under the law and facts applicable to each tax year after advice from qualified tax professionals. Subject to legal eligibility and informed written agreement:

☐ The Parties intend to file a joint return for tax year [____].
☐ Each Party will file using the separate status for which that Party is legally eligible.
☐ Other: [________________________________].

Prior returns: Parties shall cooperate on outstanding returns and divide refunds/liabilities as follows: [________________________________].

Each Party indemnifies the other from tax liability arising from his/her own income or deductions.

11. MUTUAL RELEASE AND WAIVER

Except as expressly reserved below and subject to court approval, each Party releases contractual claims against the other arising from the property, debt, and support matters fully disclosed and expressly resolved in this Agreement. Reserved or omitted matters: [________________________________].

This Agreement does not by itself amend a will or trust, change a deed or account title, revoke a power of attorney, replace a retirement-plan or insurance beneficiary designation, release a creditor, or waive a right that governing law requires to be waived in a separate instrument. Each Party shall execute any separate instrument that counsel determines is legally required.

12. EXECUTION AND NOTARIZATION

This Agreement constitutes the entire settlement between the Parties concerning the matters it expressly addresses, may be amended only in a signed writing or court order as applicable, and shall be governed by Utah law. The Parties request the following decree treatment only after counsel confirms its effect:

☐ Incorporate the Agreement into the decree.
☐ Merge the following provisions into the decree: [________________________________].
☐ State that the following approved provisions survive as contractual obligations to the extent permitted by law: [________________________________].

No provision becomes a court order merely because the Parties sign this Agreement. Each Party acknowledges reading, understanding, and voluntarily signing it.

☐ Both Parties represented by independent counsel.
☐ [Spouse __] proceeding without counsel after advisement.

SPOUSE 1 (PETITIONER):
Signature: ___________________________________ Date: [__/__/____]
Printed Name: [________________________________]

SPOUSE 2 (RESPONDENT):
Signature: ___________________________________ Date: [__/__/____]
Printed Name: [________________________________]

NOTARIZATION — STATE OF UTAH

County of [________________________________]

On [__/__/____], before me personally appeared the above-named Spouse 1 and Spouse 2, known to me or proven by satisfactory evidence, and acknowledged execution of this instrument voluntarily.

Notary Public: ___________________________________ | Commission Expires: [__/__/____]
[NOTARY SEAL]

13. UTAH JURISDICTIONAL NOTES

Utah Code Section 81-4-406(4) permits equitable orders concerning the Parties, property, debts, obligations, and alimony. Section 81-4-502 supplies the alimony factors and duration framework, including 2026 rules for certain prior-marriage/remarriage cases. Section 81-4-505 governs termination: remarriage or death of the payee is generally automatic unless the decree provides otherwise; cohabitation relief requires proof and a timely filing.

Filing route: Section 81-4-402(1) ordinarily requires 90 days of actual and bona fide residence in the filing county, with separate military and consent-to-personal-jurisdiction routes.

Waiting period: The court may not enter the decree until 30 days after filing unless it finds extraordinary circumstances. Section 81-4-402(3).

No-fault ground: Irreconcilable differences. Section 81-4-405(1)(h).

Key Statutes:

• Utah Code Section 81-4-402 — filing routes and decree waiting period
• Utah Code Section 81-4-405 — grounds for divorce
• Utah Code Section 81-4-406 — decree contents and equitable orders
• Utah Code Sections 81-4-501 and 81-4-502 — alimony definitions and determination
• Utah Code Section 81-4-505 — termination of alimony
• Utah Code Section 15-4-6.5 — notice concerning divided marital debts

14. OFFICIAL SOURCES

• Utah Code Title 81, Chapter 4 — Dissolution of Marriage
• Utah Code Section 15-4-6.5 — marital-debt notices
• 2026 S.B. 59 — Alimony Amendments (signed March 23, 2026; amended Sections 81-4-501, -502, -504, and -505)

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Utah attorney before executing any legal document.