MARITAL SETTLEMENT AGREEMENT

(State of Alabama)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Property Division
   3.2 Debt Allocation
   3.3 Spousal Support (Alimony)
   3.4 Child-Related Matters
   3.5 Insurance & Benefits
   3.6 Tax Matters
4. Representations & Warranties
5. Covenants & Ongoing Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

[// GUIDANCE: Insert additional section numbers in the Table of Contents if you add or remove articles during customization.]

1. DOCUMENT HEADER

1.1 Title. Marital Settlement Agreement (“Agreement”).

1.2 Parties.
a. [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“Spouse A”); and
b. [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“Spouse B”).

1.3 Recitals.
a. Spouse A and Spouse B (collectively, the “Parties”) were lawfully married on [MARRIAGE DATE] in [CITY, COUNTY, STATE].
b. The Parties desire to resolve all issues arising from their marriage and its dissolution, including property division, spousal support, child custody, child support, and related matters, in conformity with Alabama law, including but not limited to Ala. Code §§ 30-2-51 (property division), 30-2-56 & 30-2-57 (alimony), and 30-3-150 et seq. (child custody standards).
c. The Parties intend this Agreement to be incorporated but not merged into any final judgment or decree of divorce to be entered by the [NAME OF ALABAMA CIRCUIT COURT, FAMILY DIVISION] (the “Court”).

1.4 Consideration. The mutual covenants and promises herein constitute sufficient consideration.

1.5 Effective Date. This Agreement is effective on the date it is last signed by a Party (the “Effective Date”), unless the Court enters a later date in the Final Decree, in which case the date in the Final Decree will control.

1.6 Governing Law & Jurisdiction. This Agreement is governed by the domestic-relations statutes and common law of the State of Alabama (“State Family Law”). Exclusive jurisdiction and venue lie with the [COUNTY] Circuit Court, Family Division (the “Family Court”).

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Terms in singular include the plural and vice-versa.

“Alimony” means the periodic or lump-sum spousal support payable pursuant to Article 3.3.
“Child” or “Children” means the minor child(ren) of the Parties listed in § 3.4.1.
“Child Support” means the financial support obligations described in § 3.4.3, calculated in accordance with Ala. Rule Jud. Admin. 32.
“Court” has the meaning set forth in § 1.3(c).
“Debt Allocation Schedule” means Exhibit B.
“Effective Date” has the meaning set forth in § 1.5.
“Final Decree” means the final judgment of divorce to be entered by the Court incorporating this Agreement.
“Marital Assets” means all property acquired by either Party individually or jointly during the marriage, except Separate Property, as determined under Ala. Code § 30-2-51.
“Marital Residence” means the real property located at [ADDRESS] and legally described in Exhibit A.
“Parenting Plan” means the detailed custodial and visitation schedule attached as Exhibit C.
“Separate Property” means property excluded from division under Ala. Code § 30-2-51(b).

[// GUIDANCE: Add or delete definitions to fit the particular marital estate.]

3. OPERATIVE PROVISIONS

3.1 Property Division

3.1.1 Allocation.
a. Marital Assets are divided as set forth in Exhibit A (Real Property) and Exhibit B (Personal Property & Financial Accounts).
b. Each Party shall execute all documents reasonably necessary to effect the transfers contemplated herein within thirty (30) days after the Effective Date.

3.1.2 Equalizing Payment. If Exhibit B reflects an imbalance exceeding [$ THRESHOLD], the owing Party shall tender an equalizing payment of [$ AMOUNT] to the other Party within sixty (60) days after the Effective Date.

3.1.3 Retirement Accounts. Any division of qualified retirement plans shall be effectuated via separate Qualified Domestic Relations Orders (“QDROs”). Each Party shall cooperate fully and bear her/his own fees unless otherwise provided in Exhibit B.

3.1.4 Liens & Security. To secure performance, the Court may impose a vendor’s lien pursuant to Ala. Code § 30-2-52.

3.2 Debt Allocation

3.2.1 Responsibility. Debts are allocated in Exhibit B. The Party assuming a debt shall timely pay and indemnify the other Party against claims, penalties, and costs per § 7.2.

3.2.2 Hold-Harmless. Each Party shall diligently seek creditor releases or substitutions within ninety (90) days for joint debts assigned solely to that Party. Failure to obtain a release does not relieve the obligor Party of indemnity obligations.

3.3 Spousal Support (Alimony)

3.3.1 Type & Duration. Spouse [] shall pay Spouse [] rehabilitative alimony of [$ AMOUNT] per month for [NUMBER] months, beginning on the first day of the month following the Effective Date.

3.3.2 Statutory Compliance. The amount and duration comply with Ala. Code §§ 30-2-56 (alimony in gross) and 30-2-57 (periodic alimony), and the factors enumerated therein.

3.3.3 Termination Events. Alimony terminates upon the earliest of:
i. death of either Party,
ii. remarriage of the recipient,
iii. cohabitation of the recipient in a relationship analogous to marriage as defined in Ala. Code § 30-2-55.

3.4 Child-Related Matters

3.4.1 Children. This Agreement governs the Parties’ minor child(ren):
• [CHILD 1 NAME; DOB]
• [CHILD 2 NAME; DOB]

3.4.2 Custody & Visitation.
a. Legal Custody: Joint legal custody in accordance with Ala. Code § 30-3-152.
b. Physical Custody: Primary physical custody to [PARENT]; Parenting Plan (Exhibit C) governs visitation and exchanges.
c. Best Interest Standard: The Parties acknowledge the Court’s continuing obligation to protect the best interests of the Children.

3.4.3 Child Support.
a. Amount: [$ AMOUNT] per month by [PAYER], consistent with Alabama Child Support Guidelines (Ala. R. Jud. Admin. 32).
b. Withholding: Income withholding order to be issued concurrently with the Final Decree.
c. Adjustments: Support shall be modified automatically upon statutory guideline changes exceeding fifteen percent (15%) variance, or upon substantial change in circumstances pursuant to Ala. R. Jud. Admin. 32(A)(3)(b).

3.4.4 Health Insurance. [PARENT] shall maintain comprehensive health and dental insurance for the Children; uninsured expenses are split [PERCENTAGE]/[PERCENTAGE].

3.4.5 Educational & Extracurricular Costs. The Parties shall share reasonable costs [SPLIT RATIO]/[SPLIT RATIO]; advance written consent required for annual expenses exceeding [$ THRESHOLD].

3.4.6 Relocation Notice. A relocating parent must comply with the Alabama Parent-Child Relationship Protection Act, Ala. Code § 30-3-160 et seq.

3.5 Insurance & Benefits

Each Party waives all rights as beneficiary under the other’s life insurance policies except as designated for the benefit of the Children. The obligor on alimony or support shall maintain life insurance in an amount not less than [AMOUNT] naming the obligee or Children as irrevocable beneficiaries until all obligations are satisfied.

3.6 Tax Matters

3.6.1 Filing Status. The Parties shall file [JOINT / SEPARATE] federal and state income tax returns for tax year [YEAR] if legally permissible and mutually advantageous.

3.6.2 Exemptions & Credits. Unless modified in writing, [PARENT] may claim the dependency exemption(s) for [CHILD NAME(S)] provided child support is current as of December 31 of the tax year claimed.

3.6.3 Indemnity. Each Party indemnifies the other for tax liabilities arising from that Party’s misstatement or omission on any return.

4. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents that he/she has made a full and fair disclosure of all assets, liabilities, income, and expenses.

4.2 Independent Counsel. Each Party acknowledges opportunity to retain independent legal counsel and enters into this Agreement voluntarily and with informed consent.

4.3 No Undue Influence. Each Party warrants the absence of duress, coercion, or undue influence.

4.4 Status of Agreements. No prior oral or written agreements regarding marital matters remain in effect unless expressly incorporated herein.

4.5 Survival. The representations and warranties in this Article survive execution and are not merged into the Final Decree.

5. COVENANTS & ONGOING RESTRICTIONS

5.1 Cooperation. The Parties shall sign and deliver further instruments and take such additional actions as may be reasonably necessary to carry out the intent of this Agreement.

5.2 Mutual Non-Disparagement. Each Party covenants to refrain from derogatory statements about the other Party in the presence of the Children or on social media.

5.3 Confidentiality. Except as required by law or Court order, the Parties shall keep the terms of this Agreement confidential.

5.4 Notice of Material Change. A Party experiencing a material change affecting financial ability, residence, or the Children’s welfare shall provide written notice to the other Party within ten (10) days.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party’s failure to perform any monetary or non-monetary obligation when due constitutes a default after a ten (10) day written notice and opportunity to cure.

6.2 Remedies. Upon uncured default, the non-defaulting Party may seek:
a. Contempt sanctions;
b. Judgment for unpaid amounts with interest at [RATE]% per annum;
c. Attorney’s fees and costs;
d. Specific performance; and
e. Any other relief available under Ala. Code Title 30 or Court rules.

6.3 Cumulative Rights. Remedies are cumulative and not exclusive.

7. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party from any claim, loss, or expense (including reasonable attorney fees) arising out of:
a. Debts allocated to the Indemnifying Party;
b. Misrepresentation or breach of this Agreement by the Indemnifying Party.

7.2 Liability Cap. Liability under this Agreement is limited to the value of the Indemnifying Party’s share of Marital Assets as set forth in Exhibits A & B, except for intentional misconduct or fraud.

7.3 Force Majeure. Performance delays caused by events beyond a Party’s reasonable control (e.g., natural disasters, governmental orders) are excused for the duration of the event, provided the affected Party gives prompt notice.

8. DISPUTE RESOLUTION

8.1 Governing Law. See § 1.6.

8.2 Forum Selection. The Family Court retains exclusive jurisdiction for interpretation and enforcement.

8.3 Arbitration. The Parties may, by mutual written agreement, submit property-related disputes (but not custody, visitation, or support) to binding arbitration under the Alabama Arbitration Act, Ala. Code § 6-6-1 et seq. Arbitration awards shall be subject to Court confirmation.

8.4 Injunctive Relief. Nothing herein limits a Party’s right to seek temporary restraining orders or other equitable relief to protect personal safety or the Children’s welfare.

8.5 Jury Waiver. Family-law proceedings in Alabama are non-jury; any right to trial by jury that might otherwise apply is knowingly waived.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. Amendments must be in writing, signed by both Parties, and approved by the Court. No waiver of any provision is effective unless in writing and signed by the waiving Party.

9.2 Assignment. Rights and obligations are personal and non-assignable, except to a Party’s estate upon death as provided by law.

9.3 Successors & Assigns. This Agreement binds and inures to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.

9.4 Severability. If any provision is held invalid, the remaining provisions remain enforceable, and the invalid provision shall be reformed to the minimum extent necessary to reflect the Parties’ intent.

9.5 Entire Agreement. This Agreement, including Exhibits A-C, constitutes the complete understanding of the Parties and supersedes all prior agreements on its subject matter.

9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically (e.g., PDF, DocuSign) are binding.

9.7 Headings. Section headings are for convenience only and do not affect interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Marital Settlement Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENTS

State of Alabama )
County of [_])

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [PARTY A NAME], known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same for the purposes therein contained.

Notary Public
My Commission Expires: ______

[Repeat acknowledgment for Spouse B]

EXHIBIT A – REAL PROPERTY DIVISION

[Provide legal description of Marital Residence; indicate which Party assumes ownership, mortgage responsibility, and deadlines for refinance or sale.]

EXHIBIT B – PERSONAL PROPERTY, FINANCIAL ACCOUNTS & DEBT ALLOCATION SCHEDULE

1. Bank Accounts
2. Vehicles
3. Retirement & Investment Accounts
4. Personal Property (Household Goods, Jewelry, etc.)
5. Debts (Credit Cards, Loans, Tax Liabilities)

[Use a two-column format: “Assigned to Spouse A” / “Assigned to Spouse B.”]

EXHIBIT C – PARENTING PLAN

1. Weekly Visitation Schedule
2. Holiday & Vacation Rotation
3. Transportation & Exchange Logistics
4. Communication Protocols
5. Dispute-Resolution Steps (e.g., mediation before Court filing)

[// GUIDANCE: The Parenting Plan must align with Alabama’s “best interest” factors, detail decision-making authority, and include specific times and locations to minimize ambiguity.]