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Free Divorce Settlement Agreement Template
A divorce settlement agreement documents how property, debts, custody, and support are divided between U.S. spouses, providing a clear foundation for the dissolution of marriage in the United States. Fill in your details and create a comprehensive American settlement in minutes.
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DIVORCE SETTLEMENT AGREEMENT
State Of Florida — Marital Settlement Agreement
SPOUSE 1 (PETITIONER)
Jennifer A. Martinez
123 Sunset Drive, Miami, FL 33101
By: (305) 555-0101, jennifer.m@email.com
SPOUSE 2 (RESPONDENT)
Carlos R. Martinez
456 Palm Avenue, Miami, FL 33102
By: (305) 555-0202, carlos.m@email.com
Date of Marriage: June 12, 2010
Governing State: Florida
This Divorce Settlement Agreement (this "Agreement") is entered into by and between Jennifer A. Martinez ("Petitioner") and Carlos R. Martinez ("Respondent"), collectively referred to as the "Parties," to resolve all matters arising from the dissolution of their marriage.
1.
RECITALS
Jennifer A. Martinez ("Petitioner") and Carlos R. Martinez ("Respondent") were married on June 12, 2010 in the State of Florida, and separated on November 1, 2024. The parties now voluntarily enter into this Divorce Settlement Agreement ("Agreement") to resolve all matters arising from the dissolution of their marriage, pursuant to the domestic-relations statutes of the State of Florida. Marital property is to be allocated under the applicable equitable-distribution regime of Florida. All interspousal transfers effected by this Agreement are intended to qualify for non-recognition treatment under IRC §1041 (transfers of property between spouses or incident to divorce).
2.
REAL PROPERTY
The parties agree to the following regarding marital real property: Sell and split proceeds equally. Property description: 789 Sunset Boulevard, Miami, FL 33103 (marital home).
3.
PERSONAL PROPERTY — VEHICLES
2022 Honda CR-V (VIN: 1HGCM82633A004352) - to Spouse 1 (Jennifer)
2020 Ford F-150 (VIN: 1FTEW1EP0LFC23456) - to Spouse 2 (Carlos)
2020 Ford F-150 (VIN: 1FTEW1EP0LFC23456) - to Spouse 2 (Carlos)
4.
BANK ACCOUNTS AND SAVINGS
Joint checking account at Chase (acct #4521): proceeds split 50/50
Spouse 1 retains personal savings account at Bank of America
Spouse 2 retains personal savings account at Wells Fargo
Spouse 1 retains personal savings account at Bank of America
Spouse 2 retains personal savings account at Wells Fargo
5.
PERSONAL PROPERTY
Household furniture and appliances divided by mutual agreement per attached inventory list. Each party retains personal jewelry, clothing, electronics, and items of sentimental value.
6.
DEBT AND LIABILITY DIVISION
Mortgage / Home Loan: Split equally between both spouses.
Credit Cards and Loans: Joint Visa credit card (acct #8842, balance $6,400): split equally ($3,200 each)
Spouse 1 solely responsible for personal Mastercard balance ($2,100)
Spouse 2 solely responsible for personal auto loan (Chase, $14,500)
Tax Liabilities: Any joint tax liability for tax years 2022-2025 shall be shared equally. Each party is responsible for their own taxes from the date of separation forward.
Other Debts: Each spouse retains sole responsibility for their own student loans incurred before and during the marriage.
Each party shall indemnify and hold harmless the other for debts assigned to them under this Agreement. Allocation of tax liabilities, refunds, dependency exemptions, and the child tax credit shall be made consistent with IRC §152(e) and the written-declaration requirement of IRS Form 8332 where applicable.
Credit Cards and Loans: Joint Visa credit card (acct #8842, balance $6,400): split equally ($3,200 each)
Spouse 1 solely responsible for personal Mastercard balance ($2,100)
Spouse 2 solely responsible for personal auto loan (Chase, $14,500)
Tax Liabilities: Any joint tax liability for tax years 2022-2025 shall be shared equally. Each party is responsible for their own taxes from the date of separation forward.
Other Debts: Each spouse retains sole responsibility for their own student loans incurred before and during the marriage.
Each party shall indemnify and hold harmless the other for debts assigned to them under this Agreement. Allocation of tax liabilities, refunds, dependency exemptions, and the child tax credit shall be made consistent with IRC §152(e) and the written-declaration requirement of IRS Form 8332 where applicable.
7.
SPOUSAL SUPPORT (ALIMONY)
Carlos R. Martinez shall pay spousal support in the amount of $2500 per month, due on the 1st of each month, for a period of 36 months.
Alimony shall terminate upon: (a) the death of either party; (b) remarriage of Spouse 1; (c) cohabitation of Spouse 1 with a romantic partner for a continuous period of 90 days or more; or (d) the expiration of the 36-month term, whichever occurs first.
Federal tax treatment. For any divorce or separation instrument executed after December 31, 2018, and not modified to adopt pre-TCJA treatment, alimony or separate maintenance payments are neither deductible by the payor nor includible in the gross income of the recipient under IRC §§71 and 215, as amended by the Tax Cuts and Jobs Act, Pub. L. No. 115-97, §11051. Interstate enforcement is governed by the Uniform Interstate Family Support Act (UIFSA), adopted in all 50 states (see 42 U.S.C. §666(f)).
Alimony shall terminate upon: (a) the death of either party; (b) remarriage of Spouse 1; (c) cohabitation of Spouse 1 with a romantic partner for a continuous period of 90 days or more; or (d) the expiration of the 36-month term, whichever occurs first.
Federal tax treatment. For any divorce or separation instrument executed after December 31, 2018, and not modified to adopt pre-TCJA treatment, alimony or separate maintenance payments are neither deductible by the payor nor includible in the gross income of the recipient under IRC §§71 and 215, as amended by the Tax Cuts and Jobs Act, Pub. L. No. 115-97, §11051. Interstate enforcement is governed by the Uniform Interstate Family Support Act (UIFSA), adopted in all 50 states (see 42 U.S.C. §666(f)).
8.
RETIREMENT AND INVESTMENT ACCOUNTS
Retirement Accounts: Spouse 2's 401(k) at Fidelity Investments (acct #7721): 50% of the marital portion (contributions and gains from June 2010 through November 2024) shall be transferred to Spouse 1 via Qualified Domestic Relations Order (QDRO).
Spouse 1's IRA at Vanguard: Spouse 1 retains in full (pre-marital funds).
Investment Accounts: Joint brokerage account at Charles Schwab (acct #3310): account to be liquidated; proceeds split equally. Each party retains their individual investment accounts.
Life Insurance: Each party shall maintain separate life insurance policies. Spouse 2 shall maintain a life insurance policy of at least $500,000 naming the minor children as primary beneficiaries until the youngest child reaches age 21.
QDRO / transfer mechanics. Any division of a qualified employer retirement plan (e.g., 401(k), pension) shall be effected by a Qualified Domestic Relations Order conforming to ERISA §206(d)(3) (29 U.S.C. §1056(d)(3)) and IRC §414(p), with form and content meeting the plan administrator’s QDRO procedures and Treasury Regulation 26 C.F.R. §1.401(a)-20. Division of an Individual Retirement Account shall be effected as a transfer incident to divorce under IRC §408(d)(6), and all property transfers between the spouses under this Agreement are intended to be non-taxable under IRC §1041.
Spouse 1's IRA at Vanguard: Spouse 1 retains in full (pre-marital funds).
Investment Accounts: Joint brokerage account at Charles Schwab (acct #3310): account to be liquidated; proceeds split equally. Each party retains their individual investment accounts.
Life Insurance: Each party shall maintain separate life insurance policies. Spouse 2 shall maintain a life insurance policy of at least $500,000 naming the minor children as primary beneficiaries until the youngest child reaches age 21.
QDRO / transfer mechanics. Any division of a qualified employer retirement plan (e.g., 401(k), pension) shall be effected by a Qualified Domestic Relations Order conforming to ERISA §206(d)(3) (29 U.S.C. §1056(d)(3)) and IRC §414(p), with form and content meeting the plan administrator’s QDRO procedures and Treasury Regulation 26 C.F.R. §1.401(a)-20. Division of an Individual Retirement Account shall be effected as a transfer incident to divorce under IRC §408(d)(6), and all property transfers between the spouses under this Agreement are intended to be non-taxable under IRC §1041.
9.
RELEASE OF CLAIMS
Subject to the terms of this Agreement, each party releases and discharges the other from all claims, demands, and obligations arising from the marital relationship, except those expressly set forth herein.
10.
GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida. Both parties consent to the jurisdiction of the family courts of Florida. Marital property shall be characterized and divided under the equitable-distribution law of Florida. Child-support and spousal-support obligations, if any, are enforceable across state lines under the Uniform Interstate Family Support Act (42 U.S.C. §666(f)) and the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. §1738B.
By signing below, each spouse acknowledges having read, understood, and voluntarily agreed to all terms of this Divorce Settlement Agreement, without coercion or duress.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
SPOUSE 1 (PETITIONER)
Jennifer A. Martinez
Date: March 15, 2026
Date: ____________________
SPOUSE 2 (RESPONDENT)
Carlos R. Martinez
Date: March 15, 2026
Date: ____________________
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What is a Divorce Settlement Agreement?
A divorce settlement agreement is a contract between spouses in the United States that specifies how their assets, debts, property, and other matters will be handled during divorce. It provides clarity on financial obligations and property division under U.S. family law, allowing both parties to move forward with certainty.
A settlement agreement is the contract American spouses create through negotiation. A divorce decree is the final U.S. court order that incorporates the settlement agreement and officially dissolves the marriage. The decree becomes the binding legal document recognized across the United States.
A divorce settlement agreement addresses property division, debt allocation, spousal support, child custody, child support, retirement account division, tax filing status, insurance coverage, and any other financial or personal matters relevant to the American divorce process.
Both spouses benefit from a settlement agreement. It provides control over the divorce outcome instead of leaving decisions to the court. In the United States, a settlement agreement is typically faster, less expensive, and less contentious than going to trial.
What's Included in This Template
Our divorce settlement agreement template includes all essential clauses for comprehensive divorce resolution:
Parties & Marriage Info
Property Division
Debt Allocation
Retirement Account Division
Spousal Support
Child Custody Terms
Child Support Amount
Tax Filing Status
Insurance Coverage
Name Restoration
Final Decree Reference
Signatures & Notarization
How to Create Your Divorce Settlement
- 1
Take Inventory of All Marital Assets and Debts
Create a comprehensive list of all assets acquired during the marriage, including real estate, vehicles, bank accounts, investments, retirement accounts, and personal property. Also list all debts, mortgages, loans, and credit cards.
- 2
Agree on Property and Debt Division
Negotiate how property and debts will be divided. Some states use equitable distribution, others use community property. Determine which spouse gets which assets and who bears responsibility for which debts.
- 3
Address Child Custody and Support Terms
If children are involved, determine custody arrangements and calculate child support using state guidelines. Include detailed parenting schedules and decision-making responsibilities.
- 4
Specify Alimony if Applicable
If one spouse is entitled to spousal support, specify the amount, duration, conditions for modification, and circumstances under which support terminates, such as remarriage.
- 5
File with the Court as Part of Divorce Proceedings
Submit the settlement agreement to the court as part of your divorce petition. The court will review it to ensure it's fair and complete. Once approved and signed by the judge, it becomes part of the final divorce decree.
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Legal Considerations
Creating a divorce settlement agreement requires understanding certain legal principles and state-specific rules. These considerations help ensure your agreement is fair, complete, and enforceable.
This template is provided for informational purposes and does not constitute legal advice. For complex situations or if you are unsure about your specific case, consult a licensed attorney in your jurisdiction.
Reviewed by legal professionals. The content on this page and the template clauses have been reviewed by licensed attorneys in the United States to ensure accuracy and legal soundness for standard scenarios.
Equitable Distribution vs Community Property States
Property division rules vary across the United States. Equitable distribution states divide marital property fairly but not necessarily equally. Community property states — including California, Texas, and several other American states — divide acquired property 50-50. Understanding your U.S. state's rules is essential.
QDRO for Retirement Accounts
Dividing retirement accounts requires a Qualified Domestic Relations Order. This court order allows transfer of retirement benefits to the other spouse without early withdrawal penalties. The QDRO must accompany the settlement agreement.
Child Support Guidelines
U.S. states have specific child support guidelines based on income and custody arrangements. While American spouses can agree to different amounts, courts will review to ensure the child's needs are met under United States family law.
Modification of Support
Child support and spousal support can often be modified if there is a substantial change in circumstances, such as job loss or significant income increase. Property division typically cannot be modified after the divorce is finalized.
Court Approval of Child Custody Terms
The U.S. court must approve any child custody arrangements to ensure they serve the child's best interests. American courts can refuse to approve custody terms they believe don't adequately protect the child.
Frequently Asked Questions
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Download our U.S. template and fill in your information to create a comprehensive American divorce settlement. Document all terms and ensure a clear path forward after divorce.
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