MARITAL SETTLEMENT AGREEMENT

(Commonwealth of Pennsylvania)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Divorce Action & Jurisdiction
   3.2 Classification of Property
   3.3 Equitable Distribution of Marital Property
   3.4 Allocation of Debts & Liabilities
   3.5 Retirement & Deferred-Compensation Assets
   3.6 Real Property Disposition
   3.7 Personal Property & Vehicles
4. Support Obligations
   4.1 Child Support
   4.2 Spousal Support / Alimony
5. Custody & Parenting Plan
   5.1 Legal Custody
   5.2 Physical Custody Schedule
   5.3 Holiday & Vacation Schedule
   5.4 Relocation
6. Representations & Warranties
7. Covenants & Restrictions
8. Default & Remedies
9. Risk Allocation
   9.1 Mutual Indemnification
   9.2 Limitation of Liability
   9.3 Force Majeure
10. Dispute Resolution
11. General Provisions
12. Execution Block
13. Schedules & Exhibits

1. DOCUMENT HEADER

This Marital Settlement Agreement (“Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [SPOUSE A FULL LEGAL NAME], residing at [ADDRESS] (“Spouse A”), and
• [SPOUSE B FULL LEGAL NAME], residing at [ADDRESS] (“Spouse B”; each a “Party,” collectively the “Parties”).

WHEREAS, the Parties were lawfully married on [MARRIAGE DATE] in [CITY/STATE];
WHEREAS, the Parties separated on or about [SEPARATION DATE] and an action for divorce has been or will be commenced in the Court of Common Pleas of [COUNTY] County, Pennsylvania, Family Division (the “Court”), Docket No. [DOCKET NO.] (the “Action”);
WHEREAS, the Parties desire to fully, finally, and forever settle all rights and obligations arising from their marriage, including property division, support, and custody, pursuant to 23 Pa. Cons. Stat. § 3101 et seq.;
NOW, THEREFORE, in consideration of the mutual promises herein and intending to be legally bound, the Parties agree as follows:

2. DEFINITIONS

[// GUIDANCE: Define only terms that will be used multiple times; delete unused terms]

“Action” – The above-captioned divorce proceeding.
“Agreement” – This Marital Settlement Agreement, including all Schedules and Exhibits.
“Child” or “Children” – The minor child(ren) of the marriage: [NAME(S) & DOB(S)].
“Court” – The Court of Common Pleas of [COUNTY] County, Pennsylvania, Family Division.
“Custody Factors” – The best-interest factors set forth in 23 Pa. Cons. Stat. § 5328.
“Guidelines” – Pennsylvania Child Support Guidelines, 23 Pa. Cons. Stat. § 4322.
“Marital Property” – All property constituting marital property under 23 Pa. Cons. Stat. § 3501.
“Separate Property” – Property excluded from marital property under 23 Pa. Cons. Stat. § 3501(a).
[Add additional defined terms as needed.]

3. OPERATIVE PROVISIONS

3.1 Divorce Action & Jurisdiction

3.1.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflict-of-law principles.
3.1.2 Merger/Survival. Upon entry of a Final Decree in Divorce, the provisions of this Agreement [SELECT ONE: shall merge into / shall not merge and shall survive] the Decree, except as otherwise expressly stated.
3.1.3 Court Approval. The Parties shall request the Court to incorporate but not merge this Agreement into the Final Decree, thereby preserving its enforceability as a contract and as an order of court.

3.2 Classification of Property

Each asset and liability has been identified as Marital Property or Separate Property in Schedule A (Assets) and Schedule B (Liabilities). Classification is final and binding absent fraud or mutual mistake.

3.3 Equitable Distribution of Marital Property

3.3.1 Division Standard. Marital Property shall be divided in equitable proportions, taking into account factors in 23 Pa. Cons. Stat. § 3502.
3.3.2 Distribution. Except as otherwise provided herein, Spouse A shall receive [PERCENTAGE OR DOLLAR AMOUNT], and Spouse B shall receive [PERCENTAGE OR DOLLAR AMOUNT] of the net value of Marital Property. Specific allocations appear on Schedule A and are hereby incorporated by reference.
3.3.3 Equalization Payment. If required to achieve the agreed division, [PAYER] shall pay [PAYEE] an equalization payment of $[AMOUNT] on or before [DATE]. Interest shall accrue at [RATE]% per annum on any unpaid balance after the due date.

3.4 Allocation of Debts & Liabilities

3.4.1 Responsibility. Each Party shall be individually responsible for the debts listed under his or her name on Schedule B and shall indemnify the other against any claims thereon.
3.4.2 Joint Debts. Joint debts shall be satisfied or refinanced as set forth in Schedule B. The Party assuming a joint debt shall use best efforts to remove the other Party’s name within [NUMBER] days.

3.5 Retirement & Deferred-Compensation Assets

3.5.1 Transfer Mechanism. Division of any qualified retirement plan shall be accomplished by a Qualified Domestic Relations Order (“QDRO”) to be prepared by [DRAFTING PARTY OR NEUTRAL DRAFTER], at [COST-SHARING ARRANGEMENT].
3.5.2 Interim Market Fluctuations. Each Party shall share in gains or losses allocable to his or her awarded share up to the date of distribution.
3.5.3 Non-Qualified Plans / IRAs. Transfers of non-qualified plans or IRAs shall be completed by direct trustee-to-trustee transfer within [NUMBER] days of the Effective Date.

3.6 Real Property Disposition

3.6.1 Primary Residence. The marital residence located at [ADDRESS] (“Residence”) shall be [SOLD / TRANSFERRED TO SPOUSE A / SPOUSE B] as follows:
(a) If sold, the Parties shall list the Residence with [BROKER] no later than [DATE], cooperate in good faith, and accept any bona fide offer at or above $[AMOUNT]. Net sale proceeds, after customary costs, shall be divided [PERCENTAGE ALLOCATION].
(b) If transferred, the receiving Party shall refinance the existing mortgage and remove the other Party within [NUMBER] days, bearing all costs of refinance.
3.6.2 Occupancy & Expenses. Until sale/transfer, [OCCUPYING PARTY] may reside in the Residence and shall pay ongoing mortgage, utilities, real estate taxes, insurance, and ordinary maintenance.

3.7 Personal Property & Vehicles

3.7.1 Household Goods. Personal property shall be allocated per Schedule C, mutually initialed as of the Effective Date.
3.7.2 Motor Vehicles. Title to each vehicle shall be transferred within [NUMBER] days. Each Party assumes associated loans, taxes, registration, insurance, and indemnifies the other accordingly.

4. SUPPORT OBLIGATIONS

4.1 Child Support

4.1.1 Amount & Duration. Consistent with the Guidelines, [PAYOR] shall pay $[AMOUNT] per month to [PAYEE] commencing [START DATE] and continuing until each Child attains 18 years of age or graduates high school, whichever occurs later, or as otherwise provided by law.
4.1.2 Adjustments. Support shall be subject to automatic adjustment every [12/24] months based on updated income information exchanged pursuant to § 4.1.5 or upon a substantial change in circumstance.
4.1.3 Health Insurance. [RESPONSIBLE PARTY] shall maintain comprehensive medical, dental, and vision insurance for the Children. Unreimbursed medical expenses in excess of $250 per Child per year shall be shared [PERCENTAGE]/[PERCENTAGE].
4.1.4 Child-Care & Activity Costs. Work-related child-care and mutually agreed extracurricular expenses shall be apportioned [PERCENTAGE]/[PERCENTAGE].
4.1.5 Income Disclosure. Each Party shall exchange federal tax returns, W-2s, 1099s, and year-to-date pay stubs annually by [DATE].

4.2 Spousal Support / Alimony

4.2.1 Type. The Parties agree to [SELECT ONE: Waive / Pay] spousal support and alimony pendente lite (“APL”).
4.2.2 Alimony. [IF APPLICABLE] [PAYOR] shall pay alimony to [PAYEE] in the amount of $[AMOUNT] per month for [DURATION] years commencing [DATE].
4.2.3 Termination Triggers. Alimony shall terminate upon the earliest of:
(a) expiration of the stated term;
(b) death of either Party;
(c) remarriage or cohabitation (as defined by 23 Pa. Cons. Stat. § 3706) of Payee; or
(d) written agreement of the Parties.
4.2.4 Modifiability. [SELECT ONE: Alimony shall be non-modifiable by any court / may be modified upon substantial and continuing change in circumstances].

5. CUSTODY & PARENTING PLAN

5.1 Legal Custody

The Parties shall share [JOINT / SOLE] legal custody of the Children, meaning joint decision-making regarding major educational, medical, religious, and extracurricular matters.

5.2 Physical Custody Schedule

Physical custody shall be divided in accordance with Schedule D (Custody Calendar), incorporating weekday, weekend, holiday, and vacation periods. Exchanges shall occur at [LOCATION] at [TIME] unless otherwise agreed.

5.3 Holiday & Vacation Schedule

Holiday custody shall supersede regular periods and rotate as outlined in Schedule D. Each Party may take up to [NUMBER] consecutive vacation days annually with [NUMBER] days’ written notice.

5.4 Relocation

Any prospective relocation of a Child’s principal residence shall comply with 23 Pa. Cons. Stat. § 5337, including written notice at least 60 days in advance and, absent consent, judicial approval.

[// GUIDANCE: Insert additional parenting provisions—communication, transportation, right of first refusal—as desired.]

6. REPRESENTATIONS & WARRANTIES

6.1 Full Disclosure. Each Party represents that he or she has made a full and fair disclosure of all assets, liabilities, income, and expenses.
6.2 Independent Counsel. Each Party represents that he or she has had the opportunity to consult independent legal counsel and is satisfied with counsel received.
6.3 Capacity & Voluntariness. Each Party warrants legal capacity to contract and that this Agreement is entered into freely and voluntarily, without coercion, duress, or undue influence.
6.4 Tax Advice. Each Party acknowledges having been advised to seek independent tax advice regarding this Agreement.

The foregoing representations and warranties shall survive execution and shall constitute material inducement for entering into this Agreement.

7. COVENANTS & RESTRICTIONS

7.1 Further Assurances. Each Party shall execute and deliver all instruments and documents reasonably necessary to effectuate the terms herein, including deeds, titles, QDROs, affidavits, and tax filings.
7.2 Confidentiality. Except as required by law or for enforcement, the Parties shall keep the terms of this Agreement confidential.
7.3 Non-Disparagement. Each Party shall refrain from disparaging the other in the presence or hearing of the Children.
7.4 Injunctive Relief. Breach of §§ 7.2 or 7.3 will cause irreparable harm; the non-breaching Party may seek injunctive relief in addition to any other remedy.

8. DEFAULT & REMEDIES

8.1 Events of Default. Any failure to perform a material obligation within [NUMBER] days after written notice and opportunity to cure constitutes a default.
8.2 Remedies. In the event of default, the non-defaulting Party may:
(a) seek enforcement through the Court (including contempt proceedings);
(b) recover actual damages, attorney fees, and costs;
(c) pursue any equitable relief available under Pennsylvania law.
8.3 Attorney Fees. The prevailing Party in any enforcement action shall be entitled to reasonable attorney fees and costs.

9. RISK ALLOCATION

9.1 Mutual Indemnification

Each Party (“Indemnifying Party”) shall indemnify, defend, and hold the other (“Indemnified Party”) harmless from and against any loss, claim, damage, or expense (including reasonable attorney fees) arising from:
(a) any debt, obligation, or liability assumed by the Indemnifying Party under this Agreement; or
(b) the breach by the Indemnifying Party of any representation, warranty, covenant, or obligation herein.

9.2 Limitation of Liability

The aggregate liability of either Party for monetary damages under this Agreement shall not exceed the value of that Party’s allocated share of Marital Property as of the Effective Date, except for liabilities arising from fraud or intentional misconduct.

9.3 Force Majeure

No Party shall be liable for delay or non-performance caused by events beyond reasonable control (e.g., act of God, war, pandemic, governmental order) provided prompt written notice is given and performance resumes as soon as practicable.

10. DISPUTE RESOLUTION

10.1 Mediation. Prior to filing any petition to modify or enforce this Agreement (other than emergency custody or protection-from-abuse matters), the Parties shall participate in good-faith mediation with a mutually selected mediator. Costs shall be shared equally.

10.2 Limited Arbitration. Disputes solely concerning interpretation or implementation of property-division and alimony provisions, not affecting custody or child support, may be submitted to binding arbitration under 42 Pa. Cons. Stat. § 7341 upon mutual written consent. The arbitrator’s award may be entered as a judgment in the Court.

10.3 Exclusive Forum. Subject to §§ 10.1–10.2, the Court retains exclusive jurisdiction over all matters arising under or related to this Agreement.

10.4 Jury Waiver. As family-law matters are determined by the Court sitting without a jury, any right to trial by jury is inapplicable and waived to the extent permitted by law.

11. GENERAL PROVISIONS

11.1 Amendment & Waiver. No modification of this Agreement shall be valid unless in writing, signed by both Parties, and approved by the Court. Failure to enforce any provision shall not constitute a waiver.
11.2 Assignment. Personal rights and obligations hereunder are non-assignable without prior written consent.
11.3 Successors & Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, and permitted assigns.
11.4 Severability. If any provision is held invalid, the remaining provisions shall remain enforceable, and the invalid provision shall be reformed to the minimum extent necessary to comply with law and carry out the Parties’ intent.
11.5 Integration. This Agreement constitutes the entire understanding of the Parties regarding its subject matter and supersedes all prior negotiations or agreements, written or oral.
11.6 Headings. Section headings are for convenience only and shall not affect interpretation.
11.7 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original, together constituting one instrument. Signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed originals.

12. EXECUTION BLOCK

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

NOTARY ACKNOWLEDGMENTS

Commonwealth of Pennsylvania )
County of [COUNTY] ) ss.:

On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [SPOUSE 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.

Witness my hand and official seal.

Notary Public
My Commission Expires: ______

[Repeat acknowledgment for Spouse B]

13. SCHEDULES & EXHIBITS

Schedule A – Asset Allocation Statement
Schedule B – Liability Allocation Statement
Schedule C – Personal Property Inventory
Schedule D – Custody Calendar & Parenting Provisions
Schedule E – QDRO Summary Sheet (if applicable)
[// GUIDANCE: Attach additional schedules, deeds, vehicle titles, QDRO drafts, etc., as needed.]

[// GUIDANCE:
1. Verify all dollar amounts, percentages, and deadlines before finalizing.
2. Attach Schedules in the same execution set; ensure each is initialed by both Parties.
3. For real estate transfers, prepare and record deeds consistent with this Agreement.
4. File the executed Agreement with the Court contemporaneously with the praecipe to transmit record for divorce decree.
5. Consult tax professionals regarding deductibility and reporting requirements for support payments and asset transfers.]