Marital Settlement Agreement (No Children) - Wisconsin

WISCONSIN MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

Before signing: Complete the asset and debt schedules, the maintenance choice, and the financial disclosures required by the court. This agreement is submitted for court approval under Wis. Stat. § 767.34(1).

Circuit court and county: [COURT AND COUNTY], Wisconsin

Case number: [NUMBER]

Spouse 1: [FULL LEGAL NAME AND MAILING ADDRESS]

Spouse 2: [FULL LEGAL NAME AND MAILING ADDRESS]

Date of marriage: [DATE] Date of agreement: [DATE]

The spouses are parties to the divorce action identified above. They agree that there are no minor children for whom this agreement must set custody, placement, or support terms. Each spouse has reviewed the other's financial disclosure and the schedules attached to this agreement. The spouses ask the court to approve the following settlement.

1. Property division

The spouses have identified their real property, financial accounts, vehicles, household property, business interests, retirement interests, and other property in Schedule A. The proposed division and any equalization payment are stated there. Wisconsin's equal-division presumption and the court's authority to consider the factors in Wis. Stat. § 767.61(3) apply to the court's review.

Real property: [ADDRESS AND LEGAL DESCRIPTION OR “NONE”]. [SPOUSE] will receive [INTEREST]. [SPOUSE] will execute [IDENTIFIED DEED OR OTHER TRANSFER DOCUMENT] by [DATE], subject to the terms of the judgment and any required lender or title process. Mortgage responsibility between the spouses is allocated in Schedule B.

Retirement interests: [IDENTIFY EACH PLAN AND THE AGREED DIVISION OR STATE “EACH RETAINS THE PLAN IN THAT SPOUSE'S NAME”]. The spouses will sign any plan-specific documents and seek any court order needed to carry out the agreed division.

Equalization payment: [SPOUSE] will pay [SPOUSE] $[AMOUNT] by [DATE] by [PAYMENT METHOD], with the following installments or security, if any: [DETAILS OR NONE].

2. Debt allocation

The debts disclosed by the spouses are listed in Schedule B, with the spouse responsible for each debt between the spouses. Each spouse shall pay the debts assigned to that spouse and reimburse the other for any payment the other makes on an assigned debt after [DATE], subject to the following exceptions: [DETAILS OR NONE].

Joint accounts or credit lines to close or refinance: [ACCOUNT OR LOAN, RESPONSIBLE SPOUSE, ACTION, AND DATE OR “NONE”].

3. Maintenance

Select one option and delete the others. The court may grant limited or indefinite maintenance after considering Wis. Stat. § 767.56(1c).

☐ Waiver. Each spouse waives maintenance from the other. The spouses request that the judgment expressly waive maintenance for both. They understand that a judgment or order waiving maintenance for either party may not be revised under Wis. Stat. § 767.59(1c)(b).

☐ Maintenance payment. [PAYOR] shall pay [PAYEE] $[AMOUNT] every [PAY PERIOD], beginning [DATE] and ending [DATE OR “SUBJECT TO FURTHER COURT ORDER”], on these terms: [PAYMENT METHOD AND OTHER AGREED TERMS]. The spouses request that the court consider and approve these terms.

☐ Other maintenance resolution: [SET OUT THE COMPLETE AGREED TERMS AND REQUESTED COURT TREATMENT].

4. Insurance and taxes

Insurance: Each spouse will maintain or obtain the following coverage or beneficiary designations, if any, to carry out this settlement: [POLICY, INSURED, BENEFICIARY, DURATION, AND PROOF OR “NONE”].

Tax matters: The spouses allocate any agreed responsibility for identified tax returns, refunds, and liabilities as follows: [TAX YEAR, RETURN, RESPONSIBLE SPOUSE, AND ALLOCATION]. Each will provide reasonably requested records to prepare those returns. The spouses will use the filing status and treatment permitted by applicable tax law when the return is filed.

5. Disclosure and implementation

The spouses have exchanged the financial information reflected in the court's required disclosure forms under Wis. Stat. § 767.127(1). If a material asset or debt is missing from a schedule, either spouse may bring the omission to the court's attention before approval. The spouses will sign reasonable documents needed to implement the division ordered by the court.

The court's approved judgment controls if it differs from this agreement. A change to this agreement before approval must be in a writing signed by both spouses and submitted to the court. The spouses request incorporation of the approved terms into the divorce judgment.

Schedule A — Assets and proposed division

Property claimed to be outside the proposed divisible estate and basis: [DESCRIPTION AND BASIS OR “NONE”].

Schedule B — Debts and proposed allocation

Each spouse confirms that the information that spouse supplied for this agreement is true and complete to the best of that spouse's knowledge. Each has had an opportunity to obtain independent legal advice and signs voluntarily.

Spouse 1 signature: __________________________ Date: [DATE]

Printed name: [NAME]

Spouse 2 signature: __________________________ Date: [DATE]

Printed name: [NAME]