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Marital Property Settlement Agreement Template for United States

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Key Requirements PROMPT example:

Marital Property Settlement Agreement

"Need a Marital Property Settlement Agreement for an amicable divorce with equal division of assets, including our family home in California and shared retirement accounts, to be effective from March 2025."

Document background
The Marital Property Settlement Agreement is a crucial document used during divorce proceedings to establish a clear and legally binding arrangement for dividing marital assets and liabilities. This agreement is particularly important in the United States, where property division laws vary by state (community property vs. equitable distribution). The document typically covers all aspects of property division, including real estate, personal property, financial accounts, retirement benefits, and debt allocation. It may also address spousal support and tax implications. The agreement must comply with state-specific family law requirements and federal regulations regarding retirement accounts and tax treatment.
Suggested Sections

1. Parties: Identification of both spouses and their current contact information

2. Background: Marriage date, separation date, and basis for agreement

3. Definitions: Key terms used throughout the agreement

4. Division of Property: Detailed allocation of marital assets and debts

5. Tax Provisions: Treatment of tax liabilities and future filing status

6. Release of Claims: Mutual release of future claims against property

Optional Sections

1. Spousal Support: Terms of alimony or spousal maintenance when one spouse will provide financial support to the other

2. Military Benefits: Division of military benefits and pensions when one or both spouses are military service members

3. Business Interests: Division or buyout of jointly owned businesses when couples own business assets together

Suggested Schedules

1. Schedule A - Real Property: Detailed list of real estate and disposition

2. Schedule B - Personal Property: Inventory of personal property division

3. Schedule C - Financial Accounts: List of bank accounts, investments, and retirement accounts

4. Schedule D - Debts and Liabilities: Comprehensive list of joint and separate debts

5. QDRO Attachment: Qualified Domestic Relations Order for retirement accounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Internal Revenue Code: Federal tax regulations governing the tax implications of property division, asset transfers, and alimony payments in divorce settlements

ERISA: Employee Retirement Income Security Act - Federal law governing the division of retirement accounts and pension benefits in divorce

Social Security Regulations: Federal rules regarding the division and claiming of social security benefits in relation to divorce settlements

Military Benefits Regulations: Federal laws governing the division of military benefits, pensions, and privileges in divorce cases involving service members

State Family Law Code: State-specific statutes governing divorce, property division, and settlement agreements

State Property Division Laws: State laws determining whether property is divided according to community property or equitable distribution principles

State Alimony Laws: State-specific regulations governing spousal support/alimony calculations and duration

State Retirement Benefits Laws: State-specific rules for dividing retirement benefits and pension plans in divorce

Settlement Agreement Requirements: State-specific requirements for the validity and enforceability of marital settlement agreements

Procedural Requirements: State-specific filing procedures, notarization requirements, and financial disclosure obligations

State Case Law: Relevant state court decisions and precedents affecting property settlements and agreement interpretation

Federal Case Law: Federal court decisions impacting property division and settlement agreement enforcement across states

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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