Create Your Marital Settlement Agreement
Settling your divorce out of court? Generate a complete, professional marital settlement agreement — property, debts, spousal support, and (if you have children) custody and child support — tailored to your state and built to be incorporated into your divorce decree. Ready in minutes.
Used by spouses settling uncontested divorces in all 50 states
- 12
- Guided steps
- 50
- States covered
- 2026
- Updated
What's Included in Your Settlement Agreement
A marital settlement agreement is the contract that resolves an uncontested divorce — and, once you file it, the court incorporates it into your final decree, making its terms enforceable orders. This form builds the whole document: who gets what, who owes what, and how you'll co-parent.
Property & the Marital Home
Divide real estate, vehicles, and personal property. Community-property states generally presume a 50/50 marital-property split; other states divide equitably. Includes deed and refinance language.
Debts & Accounts
Allocate credit cards, loans, and bank/investment accounts, with a hold-harmless clause. Joint accounts can stay collectible against either spouse, so refinancing matters.
Custody, Parenting Plan & Child Support
If you have minor children, set custody, parenting time, and child support that meets your state's guidelines and best-interests review.
Spousal Support & Retirement
Set or waive alimony and divide pensions and 401(k)s. Dividing a qualified plan needs a separate QDRO.
Child Support Can't Be Waived Away
Child support belongs to the child, not the parents. Courts won't let parents waive it or set it below the state guideline without review, even in an uncontested divorce.
Full, Honest Disclosure Is Required
Most states require spouses to exchange sworn financial disclosure before approval. Hiding assets can void the agreement and reopen the case years later.
How an Uncontested Divorce Works
A settlement agreement is one step in a sequence. Knowing where it fits keeps your filing on track.
1 · File & Serve
One spouse files the petition; the other is served or signs a waiver. You must meet your state's residency requirement first.
2 · Sign This Agreement
Both spouses agree on every issue and sign the marital settlement agreement — what makes the divorce uncontested.
3 · Disclose & Submit
Exchange required financial disclosures and submit the agreement with your judgment package, plus parenting and child-support forms if you have children.
4 · Wait & Finalize
After your state's cooling-off period, the judge enters a decree that incorporates your agreement.
Getting It Right
A settlement agreement protects you only if it's complete, accurate, and properly executed. A few things matter most.
Use a QDRO for Retirement
To split a 401(k) or pension, the agreement must direct a Qualified Domestic Relations Order. The plan administrator won't move funds on the decree alone.
Sign It Correctly
Both spouses sign; many states require notarization. The form tells you what your state needs.
Mind the Alimony Tax Rule
For divorces finalized after 2018, alimony is no longer deductible by the payer or taxable to the recipient.
Some Terms Stay Changeable
Property division is final, but child custody and child support remain modifiable if circumstances change and a court revisits the child's best interests.
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Marital Settlement Agreement
- Covers property, debt, support, custody & child support
- Community-property vs equitable-distribution aware
- QDRO directive for dividing retirement plans
- Built-in financial-disclosure guidance
- Child support kept within state guidelines
- All 50 states + DC · instant PDF download
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, making its terms enforceable as court orders. But it only works if done right: most states require sworn financial disclosure, child support can't be bargained below the state guideline, and every state imposes its own timing rules before the decree. Get those right and an uncontested divorce can be resolved with one well-built agreement — no courtroom fight required.
Featured — Spotlight
Tailored to your state's divorce rules.
Three things about a divorce settlement change by state, and this agreement adapts to all of them. First, how property is divided: nine community-property states presumptively split marital property 50/50, while the other states and DC divide it equitably. Second, timing: every state has residency and cooling-off rules before the decree. Third, finalizing: states differ on mandatory financial disclosure and whether the agreement must be notarized before a judge will approve it. Select your state and the form applies the right rules.
What people are saying
Real divorces, settled without a courtroom
Join the couples who resolved an uncontested divorce on their own terms
"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."
Danielle M.
Austin, TX
"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.
Sacramento, CA
"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."
Marcus W.
Tampa, FL
Support
Frequently Asked Questions
Everything you need to know about a marital settlement agreement
It is 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 is submitted to the court and incorporated into the final decree.
You still file. This produces the agreement that resolves your divorce, not the decree itself. You file it, complete required disclosures, wait out your state's cooling-off period, and the judge enters the final decree.
By your agreement, within your state's framework. Community-property states generally presume a 50/50 split of marital property; equitable-distribution states divide fairly, but not always equally.
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.
A qualified plan such as a 401(k) or pension requires a Qualified Domestic Relations Order, a separate order the plan administrator approves. IRAs are usually divided by transfer incident to divorce.
Not for modern divorces. For divorces 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.
For a straightforward, fully agreed divorce, many couples complete a settlement agreement without one. For high assets, a business, contested issues, or uncertainty, consult a licensed family-law attorney.
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- Previously generated documents stay accessible
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Marital Settlement Agreement