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Marital Settlement (Divorce) Agreement

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Marital Settlement (Divorce) Agreement

Updated May 02, 2024

A marital settlement agreement is a legal document that allows a couple to divide their property and liabilities as part of a divorce. Prior to writing an agreement, each spouse is required to provide the other with a financial disclosure listing all assets and debts.

After an agreement is made, a judge will be required to approve the settlement agreement to ensure it is fair to both parties.

What does it cover?

  • Division of assets and debt;
  • Alimony;
  • Child custody; and
  • Child support.

By State


Table of Contents

What is a Marital Settlement Agreement?

A marital settlement agreement, or “MSA“, outlines the basic terms for a divorce between a married couple. If there is no prenuptial agreement, the partner with the higher income will be required to provide monetary assistance to the other. This comes in the form of alimony and child support.

Approval from Judge – After the marital settlement agreement has been signed by both parties, it must still be approved by the judge.

How to Negotiate a Divorce (8 steps)

  1. Find an Attorney
  2. Meet and Strategize
  3. Contact the Other Spouse’s Legal Counsel
  4. Schedule a Meeting
  5. Begin Negotiating
  6. Sign the Marital Settlement Agreement
  7. Go to Court
  8. Get a Divorce Decree

1. Find an Attorney

person conducting online search for divorce attorney on laptop

Even if an uncontested divorce has been agreed upon, it’s highly recommended both parties get legal counsel to oversee the process. It’s best to find a local attorney recommended by friends and family or use a website referral service.

Best Websites to Find a Divorce Attorney

2. Meet and Strategize

person meeting with legal counsel to discuss details of marital settlement

Meet with the attorney and figure out the best course of action. It’s best to gather their income tax returns for the last 2 years along with a financial disclosure of the couples’ assets and liabilities.

The attorney will use the current incomes of the spouses and child custody schedules to determine how much will be paid for alimony and child support.

3. Contact the Other Spouse’s Legal Counsel

person on phone with spouse's divorce lawyer

After a draft of the wants and needs of the spouse has been created, it should be sent to the other spouse’s attorney. In addition, the other spouse should outline what they are looking to get.

4. Schedule a Meeting

meeting date circled on calendar

All assets, bank accounts, and debts should be disclosed. This is a preliminary meeting with each spouse stating items that are the most important to them. It’s highly recommended to keep emotions out of the process as difficult as that might be.

5. Begin Negotiating

divorcing spouses negotiate marital settlement with legal counsel

Everything is on the table including the division of assets, debts/liabilities, spousal support (alimony), custody, and child support. The negotiating process will often be at the same time as the court proceedings. During this time, the judge may weigh in on what is delaying the proceedings from going forth.

6. Sign the Marital Settlement Agreement

spouse signing marital settlement agreement

After both spouses have come to a general agreement it must be written in a marital settlement. This document is recognized in every State and must be signed by both spouses.

7. Go to Court

judge reviewing marital settlement agreement with couple in court

After the marital settlement agreement is signed it must be filed with the court. The judge will review the document and ensure that it’s considered fair and reasonable to both parties.

8. Get a Divorce Decree

spouse reviewing divorce decree

Once the marital settlement agreement has been filed the couples may apply for a divorce decree (or ‘divorce judgment’). The decree is often sent in the mail to both parties within 30 days of the final court hearing.

After the divorce decree is sent, the spouses may use for name change purposes or to file with any other government agency.

How is Property Divided?

There are two (2) ways to calculate how property is divided in the USA:

map of US showing equitable distribution vs community property

1.) Equitable Distribution Law

Equitable distribution law is the “fair” separation of assets (not equal). The court takes into a multitude of factors such as:

  • How long the marriage lasted;
  • Financial contributions during the marriage (who paid for what);
  • Employability of each spouse; and
  • Assets and debts of each spouse (or combined).

Forty-one (41) States have enacted equitable distribution laws: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wyoming.

Laws – Uniform Marriage & Divorce Act § 307, Barr v. Commissioner, 10 T.C. 1288 (1948), IRM (Annulment)

2.) Community Property Law

Community Property law means that from the start of the marriage, all assets acquired and money earned by any of the spouses, is the property of the marriage. This also includes debt and does not matter if each spouse has their own separate credit cards or bank accounts.

Nine (9) States have enacted community property laws: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

Laws – IRM ( Community Property Law)

What is Alimony?

Alimony is a payment made from a spouse with a higher-income to the other spouse for a period after the marriage has ended. The amount is decided amongst the parties in the marital settlement agreement and further approved by the presiding judge.

How is Alimony Calculated?

Alimony is calculated by using the couples:

  • Income of Husband;
  • Income of Wife;
  • Number of Dependants; and
  • Length of Marriage (years)

Alimony Calculators

What is Child Support?

Child support is the payment by a non-custodial parent to a custodial parent for the support and care of their children. The payments made are not tax-deductible. Support is decided either in the marital settlement agreement or by the presiding judge. The support may also include health and dental insurance, education, and additional support for other liabilities.

How is Child Support Calculated?

Child support is calculated in accordance with each State’s Child Support Guidelines by:

  • Number of Children under 18 years of age;
  • Income of Non-Custodial Parent;
  • Income of Custodial Parent;
  • Health Insurance costs
  • Daycare costs; and
  • Percent (%) time each parent has the Children.

Child Support Calculators

Punishment for Non-Payment

In a 2018 report, approximately 66% of all child support payments were collected. The punishment for non-payment is up to State law and commonly involves the following:

  • Income withholding;
  • Driver’s license suspension;
  • Interest on the amount owed;
  • Passport denial; and
  • Jail time.

Under 18 U.S. Code § 228, if a parent who lives in another State does not pay support for a period of at least 1 year and at least $5,000 is owed, the parent may be subject to fines and up to 6 months of jail time.

If a parent commits the same offense again, they may be subject to 2 years in jail.

Why Fathers Don’t Pay

In a 1997 survey, fathers claimed they did not pay support for the following reasons:

  • No money to pay: 38%
  • Not visitation rights: 23%
  • No control of spending: 14%
  • Did not want the child: 13%
  • Not the father: 12%

Child Support Guidelines (50-States)

State Child Support Guidelines
 Alabama Rule 32. Guidelines
 Alaska R. Civ. P. 90.3
 Arizona ARS § 25-320
 Arkansas A.C.A § 9-12-312
 California CA Fam Code § 3900 – § 3902
 Colorado C.R.S. § 14-10-117
 Connecticut CT Gen. Stat. § 46b-84
 Delaware DE Code § 508
 Florida F.S.A §§ 61.2961.30
 Georgia GA Code § 19-6-15
 Hawaii HI Rev Stat § 576D-7
 Idaho ID Code § 32-706
 Illinois 750 ILCS 5/505
 Indiana IN Code § 31-16-6-1
 Iowa IA Code § 598.21AB
 Kansas KS Stat § 23-3002§ 20-165
 Kentucky KY Rev Stat § 430.211§ 430.212
 Louisiana LA Rev Stat § 9:313§ 9:315.2§ 9:315.8, & § 9:315.14)
 Maine ME Rev Stat 19-A §2006
 Maryland MD Fam L Code § 12-204
 Massachusetts MA Gen L 208 § 28
 Michigan MI Comp L § 552.16§ 552.605
 Minnesota MN Stat § 518.17 (Subd. 1)
 Mississippi MS Code § 93-5-23
 Missouri MO Rev Stat § 452.340
 Montana MT Code § 40-4-204
 Nebraska NE Code § 42-364
 Nevada NV Rev Stat § 125.230(1)§ 425.100, & § 425.140
 New Hampshire NH Rev Stat § 458-C
 New Jersey NJ Rev Stat § 2A:34-23(a)
 New Mexico NM Stat § 40-4-11.1
 New York NY Dom Rel L § 240(1-b)
 North Carolina NC Gen Stat § 50-13.4
 North Dakota ND Administrative Code § 75-02-04.1Century Code § 14-09-09.7
 Ohio OH Rev Code Chapter 3119
 Oklahoma OK Stat § 43-118D(A)
 Oregon OR Rev Stat § 25.275
 Pennsylvania 23 PA Cons Stat § 4322(a)
 Rhode Island RI Gen L § 15-5-16.2
 South Carolina SC Code § 63-17-470S.C. Soc. Serv. Reg. 114-4710 to -4750
 South Dakota SD Codified L § 25-7-6.1 et seq.
 Tennessee TN Code § 36-5-101
 Texas TX Fam Code – § 154.001
 Utah UT Code § 78B-12
 Vermont 15 V.S.A. § 659
 Virginia VA Code § 20-108.1(b)
 Washington WA Rev Code § 26.19
 Washington D.C. DC Code Title 16, Ch 9
West Virginia WV Code Ch.48, Article 11
 Wisconsin WI Stat § 767.511
 Wyoming  WY Stat § 20-2-301 through § 20-2-316

Tax Benefits from Children

Under the Tax Cuts and Jobs Act, a custodial parent is the default beneficiary of the minor children being dependents for tax purposes. This means that a parent can save up to $2,000 per child (and $1,400 is refundable even if the parent doesn’t pay federal income tax). Only 1 parent may use the children for tax savings.

  • Non-Custodial Parents – If a non-custodial parent will be the one getting the children’s tax benefits, IRS Form 8332 must be attached to the non-custodial parent’s IRS Form 1040 when filing.

Custodial vs Non-Custodial

A custodial parent is a parent that will have the children for the majority of the time after the divorce. Due to this arrangement, the non-custodial parent will most likely be obligated to pay support while having only part-time custody or visitation rights of the children.

Frequently Asked Questions (FAQs)

Can a Marital Settlement Agreement be changed?

Yes and no. It can only be changed with the consent of both parties or there is a “substantial change of circumstance”. Such a change would have to be a job loss or if the other spouse has increased their income. Any change in the agreement would have to be approved by a court unless agreed to mutually.

Can a Judge make a change to a Marital Settlement Agreement?

Yes. In most States, the presiding Judge will look over the agreement to ensure it’s fair to both parties. If not, the Judge can request changes to be made.

If it’s after the divorce has been finalized, either spouse may request a change to the agreement which can be changed. Although, it is very difficult unless there is a substantial change in either of the spouses’ employment status.

When does a Marital Settlement Agreement need to be signed?

Before submitting the final judgment and is commonly attached to it. This is usually the last court hearing or the hearing before the divorce decree is issued.

How to enforce a Marital Settlement Agreement?

  • Alimony – Requires filing a contempt case that will most likely garnish the wages of the non-paying spouse. If there are assets or property of the non-paying spouse, the court can place liens in the amount owed.
  • Child Support – The spouse will need to make a complaint with the child support enforcement agency in the State. This does not usually require an attorney to file.

How to sign a Marital Settlement Agreement?

A marital settlement agreement is highly recommended to be notarized. A notary acknowledgment required the identity of both spouses and proves the spouses entered into the agreement without being forced to sign.

Does a Marital Settlement Agreement remain confidential?

It depends, each State handles the confidentiality of divorce differently. In California for example, the spouses can agree to hire a private Judge, private mediator, or file a memorandum (if the court offers).

Sample Marital Settlement Agreement

Download: PDF, MS Word (.docx), OpenDocument

Related Forms

Custody Agreement

Download: PDF, MS Word, Open Document




Marital Separation Agreement

Download: PDF, MS Word, Open Document




How to Write

Download: PDF, MS Word (.docx), OpenDocument

The Parties

(1) Settlement Agreement Date. A marital settlement agreement made between two Spouses of a dissolving married should be associated with a specific calendar date. This acts as a reliable reference point for any future discussions regarding this agreement. Therefore, before discussing the Parties involved, record the date for this agreement.

(2) Husband Name.  Now that this agreement has been identified it will be time to name the Spouse known as the Husband. Input this Party’s full name as it appears on the marriage certificate this document concerns.

(3) Wife Name. The full name of the Wife in this marriage must also be documented. If a name change resulted from this marriage then record the Wife’s current name.

II. The Marriage

(4) Marriage Date. Record the date of marriage between the Husband and Wife as it appears on their marriage certificate.

(5) Marriage Location. The city and state noted on the marriage certificate that joined the Husband and Wife is expected to clearly identify the marriage.

III. Armed Forces

(6) Military Career Of Spouse(s). If either or both Spouses are in the armed forces, then Article III must be used to present this information. Indicate if neither Spouse, Husband, Wife, or both of the Spouses are on active duty in any military branch by selecting the appropriate checkbox from the third article in this agreement.

IV. Date Of Separation

(7) Formal Date Of Marriage End. While the agreement date reported earlier will identify this document, the calendar date when both Spouses agreed to separate should be established. Produce the initial agreed-upon date when the Couple decided to separate where it is requested.

VI. Minor Child(ren) Of The Marriage

(8) Couple’s Children. This settlement must address the topic of Children (who are still considered Minors) under the Couple’s care. First, select either the first checkbox to indicate this Couple has Children or the second checkbox to establish this Couple has no Children. Be aware this also applies to any Minors the Couple adopted while married.

VII. Financial Disclosure

(9) Disclosure Requirement Status. If the Couple has already disclosed their financial status (exactly as required by the State governing this marriage) then select the first checkbox statement in Article VII. Otherwise, select the second checkbox if such disclosure was waived (legally).

VIII. Spousal Support (Alimony)

(10) Release Of Spousal Support. The topic of support must be discussed. If neither Spouse will need to make monetary payments to the other after the divorce in an effort of financial support then place a mark in the first checkbox presented in Article VIII.

(11) Spousal Report Requirement. If either Spouse is required to provide financial support to the other after the divorce, then choose the second checkbox statement and record the first calendar date when the support payment must be received.

(12) Paying Spouse. This selection requires that the Paying Spouse be defined. Perform this action by selecting the “Husband” or “Wife” checkboxes

(13) Recipient Spouse. A second set of Husband/Wife checkboxes are presented in this definition. Place a mark in the checkbox that will define who shall be entitled to the support payment from the Paying Spouse.

(14) In Perpetuity.  If the support payment will be required on a regular basis indefinitely once the divorce occurs, then select the “In Perpetuity” checkbox, record the support payment amount, and document the two-digit calendar day of each month when it will be due.

(15) Fixed Spousal Support Term. If support payments will be required for a specific span of time that will have an end-date then, select the “Until An End Date” statement’s checkbox. Additionally, a production of the monthly payment amount, the calendar day it will be due each month, and the date of final payment is required to complete this definition.

(16) Payment Schedule. If one Spouse must support the other with a payment schedule that cannot be defined by any of the above choices, then select the final checkbox statement. Attachment B of this document can then be used to dictate the payment schedule and amount this agreement will impose.

IX. Change Of Circumstances

(17) Durable Spousal Support. Indicate if the support conditions defined in the previous article should not be considered flexible thereby obligating both Spouses to adhere to its requirements by choosing the first checkbox statement of Article IX.

(18) Flexible Conditions Of Support. If this agreement’s support payment requirements can be altered through the efforts of both Spouses as a result of extenuating circumstances suffered by the Paying Spouse then choose the second checkbox of this article. Notice that this definition requires additional checkbox selection(s) to be made.

(19) Valid Conditions For Altering Support Requirement. If this agreement will be flexible regarding support payments from the Paying Spouse to the Receiving Spouse then the circumstances that can cause such a renegotiation must be selected from the list presented. Extenuating circumstances can be defined as the Paying Spouse’s “Job Loss,” “Injury,” “Disability,” “Illness/Disease,” or some “Other” circumstance that is presented to the space provided. If the Paying Spouse experiences any of the hardships selected in this statement, then a renegotiation of the support payments will be allowed by this agreement.

X. Health Insurance

(20) Independently Maintained Insurance. Locate and choose the first checkbox statement in Article X if neither Spouse will be expected in providing and maintaining the other’s health insurance policy.

(21) Spousal Support For Health Insurance. If one Spouse will be required to provide or pay for the other Spouse’s health insurance policy(ies) then select the next checkbox statement presented in Article X.

(22) Supporting And Recipient Spouse. Define the Health Insurance Paying Spouse as the “Husband” or “Wife” then define the “Health Insurance Receiving Spouse” by selecting the appropriate checkbox definitions from the selected statement.

(23) Types Of Insurance Requiring Spousal Support. Naturally, there are different types of health insurance that a Spouse may require (especially if ill). Mark the checkbox corresponding to each type of health insurance the Health Insurance Providing Spouse must maintain for the Health Insurance Receiving Spouse.

XI. Marital Home

(24) No Home Purchased. If a home was purchased during this marriage by the Husband, Wife, or Both then select the “Do Not Own” checkbox statement.

(25) Marital Home. If either or both Members of this Couple purchased a home during the marriage then mark the “Own A Home” checkbox statement. Make sure to also record the property address of every home purchased.

(26) Current Marital Home Status. If the Couple (or either Spouse) has purchased a home then a brief discussion on its status is required. Mark the checkbox labeled “Husband,” “Wife,” or “Both Spouses” to establish who the Owner of the home is.

(27) Current Living Arrangement. Select “Husband,” “Wife,” or “Both Spouses” to indicate which Spouse (if any) currently resides in the marital home.

(28) Marital Home Status After Divorce. The fate of the marital home purchased by the Spouse(s) should be presented by either establishing that it should be sold as a consequence of this agreement or that it should not be sold. One of two checkbox statements must be selected for this agreement to effect ownership of the marital home.

XII. Husband’s Property

(29) Property Owned By Husband. List all the marital property the Husband shall take or retain ownership over as a result of this agreement.

XIII. Wife’s Property

(30) Property Owned By Wife. Define all property this agreement requires the Wife to have ownership of once it is signed.

XIV. Payment To Balance Division

(31) Payment To Balance Spousal Finances. At times the physical property the Couple owns cannot be divided evenly. In such cases, a payment can be required to promote an equal value to the property division this agreement imposes on the Spouses. If applicable, select the “Shall Be” checkbox in Article XIV. This will require some additional information beginning with the amount that must be paid by the Paying Spouse.

(32) Supporting And Recipient Spouse. Select either “Husband” or “Wife” from the first set of checkboxes in this selection to establish who the Paying Spouse is then select one of the final two checkboxes to document who the Receiving Spouse is.

(33) Payment Due Date. Produce the calendar date when the balancing payment must be submitted by the Paying Spouse. Notice there will be a penalty imposed for late payments.

(34) No Balance Payment. If no payment is required by either Spouse to balance the value of property each Spouse is awarded, then select the “Shall Not” checkbox statement.

XV. Husband’s Liabilities

(35) Debts Held By Husband. Define all debts that will be assumed or held by the Husband after the separation.

XVI. Wife’s Liabilities

(36) Debts Held By Wife. List every debt the Wife will be held responsible for after this agreement is executed.

XVII Retirement Benefits

(37) No Retirement Plan. If the Couple did not obtain a retirement plan while married, then select the first checkbox statement in Article XVII.

(38) Active Retirement Plan. Choose the second checkbox statement to report that at least one Member of the couple has a retirement plan then identify that retirement plan on the space provided.

(39) Retirement Plan Owner. If the Couple has a retirement plan set, then the Owner of the retirement plan after the separation must be documented in this agreement. Select the checkbox bearing the label “Husband,” “Wife,” or “Both Spouses” to present the plan’s Owner after this document is executed. If none of these accurately define who shall own the Couple’s retirement plan under this agreement’s effect, then select the “Other” option and use the space provided to define what shall happen to the Couple’s retirement plan once the separation is finalized.

XVIII Legal Name Change

(40) No Change In Name. Quite a few marriages will involve one or both Spouses changing their name as a result of the coupling. When a separation occurs during such a marriage then one or both Spouses may need to initiate a name change. If this is not the case and this agreement will not result in either Spouse changing his or her name then select the “Neither” statement.

(41) Name Change Requirement. If this agreement will result in one or both Spouses changing his or her name then select the second checkbox. Notice that two additional checkboxes have been provided. Here, you must indicate if the Husband and/or the Wife will change his or her name by selecting the appropriate statement then producing that Spouse’s new name to the space provided.

XXXVI. Additional Terms & Conditions

(42) Applicable Provisions. Any additional agreements that the Husband and Wife wish followed through the power exerted by this document should be listed in the space provided.

XXXVIII. Signature And Dates

(43) Husband’s Signature And Printed Name. The Husband should review this paperwork then sign and print his or her name. 

(44) Husband’s Signature Date.

(45) Wife’s Signature And Printed Name. The Wife should also go over this document. If satisfied, he or she must sign this paperwork then print his or her name.

(46) Wife’s Signature Date.

Attachment A (Child Support)

I. Minor Children

(47) Number Of Marital Children. Attachment A should be used if the Couple has indicated that they have Children as a result of this marriage. If so, then report the number of Children the Couple has in Article I.

(48) Minor Information. List the name and birth date of every Child the Couple has.

II. Future Children

(49) No Children Expected. If neither Spouse is pregnant then, select the first checkbox statement presented in the second article.

(50) Date Of Future Birth. If either Spouse is pregnant and expecting to give birth, then select the “Is Expecting” statement in the second article. In addition to marking this checkbox, the calendar date when the impending birth is expected must be documented.

III. Physical Custody

(51) Sole Custody. When a Couple dissolves, the Children under the care of the Spouses must be placed in a reliable home. Inidcate if “Sole Custody” will be given to the Husband or to the Wife by selecting the appropriate checkboxes in the third article.

(52) Joint Custody. Select the second definition to indicate that the Couple will agree to joint custody of all Children under their care. This will mean each Spouse will follow a schedule where the Child(ren) will be under his or her care for a predetermined and agreed-upon period of time.

IV. Parenting Time/Visitation

(53) Husband’s Right To Children. If the Couple has agreed to joint custody of the Children then Article IV must be used to define when each Spouse will have the Child. The Husband’s area will display a checklist where he or she can be awarded custody of the Child(ten) Monday through Friday, the Weekends, every second weekend, or will be allowed only “Limited Visitation.” Select each appropriate checkbox from the list displayed to define when the Husband will have custody of the Couple’s Children after the divorce. If none accurately defines the Husband’s custody schedule then, select “Other” where the available space can be supplied with an accurate description.

(54) Wife’s Right To Children. In addition to the Husband’s custody schedule, the Wife’s post-divorce custody schedule of the Couple’s Children should also be solidified by selecting the appropriate items from the list provided. You may select any combination of time periods that can be used as well as define a schedule directly to the definition labeled “Other.”

V. Notice Of Change Of Residence

(55) Allowed To Move. Each member of the separating Couple will need to decide where to live after the divorce. This can complicate custody schedules where Children are involved and may cause hardship should one need to move a significant distance in the future. If this agreement should be set to allow either Spouse to move from their new residence with several days’ notice, then select the first checkbox statement of Article V in this attachment. The number of days’ notice the Moving Spouse would have to give the other before the move date should be documented to this statement if selected.

(56) Not Allowed To Move. If this agreement must restrain both Spouses from moving beyond a certain number of miles from their post-separation residence then the “Not Allowed” checkbox must be chosen from Article V. Once selected, the maximum number of miles either Spouse may move without consent from the other should be documented where requested by this statement.

VI. Previous Court Actions

(57) Previous Custody Hearings. If any custody hearings were held by a court regarding this Couple and their Children, then local and select the “Already” statement. Make sure to also record the county and state where the hearing occurred as well as the case number assigned by the ruling court.

(58) No Previous Custody Hearings. If no custody hearings were conducted regarding the Couple and their Children, then select the second checkbox in Article VI.

VII. Child Support

(59) No Child Support. Select the first statement in Article VII if, upon separation, no payment will be required from either Spouse to the other as a contribution for the care of the concerned Children.

(60) Deferred Child Support. If a Court has determined that support payments for the Couple’s Children should be suspended until a future date, then select the second statement and record the name of the ruling court’s State.

(61) Child Support Payments. Select the third statement from this article if one of the Spouses must submit support payments to the other to contribute to their Children’s wellbeing and care. Additionally, the “Husband” and “Wife” checkboxes presented in this definition must be used to establish who the Paying Spouse and who the Receiving Spouse of the Child Support Payments will be.

(62) Child Support Payment Schedule. This attachment will need to define any and all support payments one Spouse must deliver to the Other for the care of the Couple’s Children. Begin by recording the monthly amount that must be paid, continue with an entry of the two-digit day of the month when Child Support Payments must be received, then conclude this statement by documenting the calendar date when the first Child Support Payment must be received.

VIII. Additional Support

(63) No Additional Support. There may be expenses outside of simply maintaining a Child’s day-to-day care. If the previous article fully defines the status of support payments made from one Spouse to another for the purpose of caring for the Couple’s Children and no additional payments will be required for this goal, then select the first checkbox statement of Article VIII.

(64) Deferred Additional Support. If a court system has deemed that additional Child Support Payments will be discussed and/or determined at a later date, then select the “Deferred” statement and document the State where this court has issued this decision.

(65) Health And Dental Insurance. If one Spouse will be obligated to maintain the Children’s health insurance and dental insurance then select this option and check either the “Husband” or “Wife” checkbox to indicate who must pay for such insurance.

(66) Uncovered Health Care Expenses. If the Children’s health care needs are not covered and one of the Spouses will be held responsible to pay for the uncovered expenses then select the “Uncovered Health Care Expenses” statement. Also, mark the checkbox “Husband” or the checkbox “Wife” to establish the Payer of the uncovered health expenses of the Children.

(67) Time Requirements For Uncovered Expenses. Indicate the number of days after receiving the invoices/receipts for the Children’s uncovered health care in which an itemized bill to the Supporting Spouse must be presented. Once done, continue through this selection to record the maximum number of days after receiving the itemized bill in which the Supporting Spouse must reimburse the other.

(68) Other Additional Payment Definition. If other arrangements for additional payments must be made in this agreement then, select the checkbox labeled “Other,” indicate if the Paying Spouse is the “Husband” or “Wife,” then detail how much should be paid, why, and when to the space provided. 

IX. Dependents

(69) Husband’s Child Tax Benefits. If the Husband will be able to declare one or more Children as a dependent on his or her taxes then select the first statement in Article IX and list the name of each Child the Husband may claim as a dependent.

(70) Wife’s Child Tax Benefits. Select the second checkbox statement in Article IX if the Wife may claim any Children as a dependent then identify each Child the Wife may claim as a dependent in the space provided.

Attachment B Spousal Support

(71) Continuation Of Section VIII. Any specifics to the payment amount, schedule, and circumstances regarding spousal support should be documented in attachment B.

Attachment C (Husband’s Property)

(72)  Continuation Of Section XII. Produce an inventory of all the property the Husband will be awarded from this marriage.

Attachment D (Wife’s Property)

(73) Continuation Of Section XIII. Use this attachment to list all of the property the Wife will take possession of after this agreement is signed.

Attachment E (Husband’s Liabilities)

(74) Continuation Of Section XV. List any of the debts held by the Husband that has not been reported thus far.

Attachment F (Wife’s Liabilities)

(75) Continuation Of Section XVI. Utilize this page to document all debts the Wife will assume after the separation.