Marital Settlement Agreement
Comprehensive property, debt, support, and custody settlement documents for uncontested divorces, legal separations, and annulments — with state-specific property rules, residency and waiting-period handling, financial disclosure guidance, and QDRO directives for retirement accounts. Court-ready, built to be incorporated into your final decree.
- State-specific property regime (community-property vs equitable-distribution) and disclosure rules built in
- Covers 8 marital-end forms — from marital settlement to QDRO, separation, and annulment
- Court-ready in 10 minutes for all 50 states
The 2026 Legal Form
Marital Settlement Agreement
Create a marital settlement agreement covering property, support, and custody terms for an uncontested divorce. State-sp…
- 8
- Legal Forms
- 50
- States Covered
- 10 min
- Average Completion
AVAILABLE FORMS
Featured Legal Forms
What's inside each form
Property and Debt Terms
Organizes marital property, separate property, debts, and division terms in one settlement-ready agreement.
Support and Family Details
Includes the core family-law terms spouses need to document support, custody-related arrangements, and ongoing responsibilities.
Court-Ready Structure
Keeps the agreement organized so the final terms are easier to review, sign, and submit with divorce paperwork.
Did you know?
Did You Know?
The marital settlement agreement — not the petition — is the document that actually ends most divorces on agreed terms. When spouses settle out of court, the agreement is submitted to the judge and incorporated into the final decree, which makes its terms enforceable as court orders, including by contempt. But it only works if it's done right. Most states require both spouses to exchange a sworn financial disclosure first, and California's is so strict that a spouse who concealed $1.3 million in lottery winnings forfeited 100% of it. Child support cannot be bargained below the state guideline — courts review it even when everyone agrees. And a settlement is never "instant": every state imposes a cooling-off period before the decree, from 20 days in Florida to six months in California. The eight forms in this catalog cover the full marital-end lifecycle: from the marital settlement agreement and property settlement that resolve a divorce, to the QDRO that divides a 401(k), the legal separation for couples who want to live apart without divorcing, the annulment for void or voidable marriages, and the post-divorce modification that adapts your decree to new circumstances.
Why our legal forms
Why use our divorce settlement forms
State-Specific Property, Residency & Disclosure Rules Built In
Every agreement adapts to your state's framework — community-property division in 9 states versus equitable distribution in the rest — and includes your state's residency requirement, cooling-off period, financial disclosure obligation, and notarization rules before a judge will approve.
8 Forms — Full Marital-End Lifecycle
From the marital settlement agreement and property settlement that resolve an uncontested divorce, to the QDRO that divides a 401(k) or pension, legal separation, annulment, spousal support, name change, and post-divorce modification.
Court-Ready in 10 Minutes
Answer guided questions about property, debt, support, and custody, then download a professionally formatted PDF with retirement-account directives, debt allocation clauses, and marital-home transfer language.
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Featured — Marital Settlement Agreement
California Marital Settlement Agreement
California is a community-property state (Cal. Fam. § 760), has a 6-month cooling-off period from service to decree (Cal. Fam. § 2339), requires Judicial Council forms for agreed matters, and is one of the strictest states for financial disclosure. Cal. Fam. §§ 2104–2107 require both spouses to exchange sworn income, expense, asset, and debt disclosures before a judge will approve a settlement. Hiding assets is fatal: in In re Marriage of Rossi, a spouse who concealed $1.3 million in lottery winnings forfeited 100% of the community share. Our California template includes disclosure reminders, interspousal deed language, the 6-month wait acknowledgment, the QDRO directive for 401(k) and pension division, and a cooling-off-period notice — so you file a settlement a California judge will sign.
What people are saying
Trusted by thousands
Real people resolving divorce and family matters
"We agreed on everything and just needed it written up properly. This covered the house, both cars, my husband's 401(k), and the parenting schedule in one document. It even flagged that the 401(k) needed a separate QDRO — which our court clerk confirmed."
Danielle M.
Spouse, Texas
"California's disclosure rules scared us. The form walked us through exactly what to exchange and used an interspousal deed for the house so there was no tax reassessment. The judge approved our agreement with no changes."
Robert & Lena P.
Couple, California
"No kids, no drama — we just wanted it done. It told me Florida's 20-day wait and that our signatures had to be notarized. Printed it, signed at the bank, filed it, divorced. A lawyer quoted me $1,500 for the same thing."
Marcus W.
Spouse, Florida
Support
Frequently asked questions
Common questions about marital settlement agreements
It's the written contract in which divorcing spouses resolve every issue — property, debt, spousal support, and, if there are minor children, custody, a parenting plan, and child support. In an uncontested divorce it's submitted to the court and incorporated into the final decree, turning your agreement into enforceable orders.
You still file. This produces the agreement that resolves your divorce — not the decree itself. You file it, complete the required financial disclosures, and wait out your state's cooling-off period before a judge enters the final decree incorporating it.
By your agreement — within your state's framework. Nine community-property states presumptively split marital property 50/50; the rest divide it equitably, meaning fairly but not always equally. You choose the actual division, and the court reviews it for fairness and full disclosure.
No. Child support is the child's right, and courts won't allow parents to waive it or drop below the state guideline without review — even in an uncontested divorce. You can agree on an amount, but it has to meet your state's guideline, and the court can adjust it.
A qualified plan such as a 401(k) or pension requires a Qualified Domestic Relations Order (QDRO) — a separate order the plan administrator approves; the settlement agreement alone can't move the money. IRAs are simpler and are generally divided by a transfer incident to divorce.
Not for modern divorces. Under the Tax Cuts and Jobs Act, for any divorce finalized after December 31, 2018, alimony is not deductible by the payer and not taxable to the recipient. Child support has always been tax-neutral. Pre-2019 orders are grandfathered.
For a straightforward, fully agreed divorce, many couples complete a settlement agreement without one. This is a self-help document and general information — ConsumerShield is not a law firm and doesn't review your information for legal sufficiency. For a high-asset estate, a business, a contested issue, or anything you're unsure about, consult a licensed family-law attorney in your state.
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Marital Settlement Agreement Legal Forms
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