MARITAL SETTLEMENT AGREEMENT
New Jersey
THIS AGREEMENT is made on this ____ day of _______________, 20___, by and between:
HUSBAND: _________________________________ ("Husband")
WIFE: _________________________________ ("Wife")
(Collectively, the "Parties")
RECITALS
WHEREAS, the Parties were married on _____________, 20___, in the State of [State], and have separated on _____________, 20___, with the intent to remain separated permanently; and
WHEREAS, the parties desire to settle all matters arising from their marriage, including division of property, allocation of debts, and other rights and obligations; and
WHEREAS, the parties have made full disclosure of all assets and liabilities and desire to enter into this Agreement to resolve all issues without litigation; pursuant to N.J.S.A. 2A:34-2;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
ARTICLE I - SEPARATE LIVING
1.1 The Parties shall live separate and apart from each other, effective as of the date first written above.
1.2 Neither party shall molest, harass, interfere with, or disturb the peace of the other.
1.3 Each party shall be free from any control, authority, or interference by the other.
ARTICLE II - PROPERTY DIVISION
2.1 Marital Property. The parties agree to divide all marital property as follows:
(a) Real Property:
- Husband shall retain sole ownership of:
- [Address, legal description]
- [Address, legal description]
- Wife shall retain sole ownership of:
- [Address, legal description]
- [Address, legal description]
- Joint Property to be Sold:
- [Address] - Net proceeds: $______ divided equally
- [Address] - Net proceeds: $______ divided equally
(b) Personal Property:
- Husband shall retain:
- [List items with approximate values]
- Wife shall retain:
- [List items with approximate values]
- Vehicles:
- Husband retains: [Year/Make/Model], VIN: _________
- Wife retains: [Year/Make/Model], VIN: _________
2.2 Separate Property. Each party shall retain sole ownership and control of all separate property currently in their respective names, including:
- All bank accounts held in their individual names
- All retirement accounts, pension plans, and investment accounts in individual names
- All personal vehicles registered in individual names
- All personal property acquired before marriage or by gift, bequest, or devise
ARTICLE III - MARITAL HOME
3.1 The marital home located at _________________________________ ("Marital Home") shall be:
- [Sold and proceeds divided / Awarded to one party / Other disposition]
- Buyout amount: $__________ (if applicable)
- The party retaining the Home shall be responsible for the mortgage payments, property taxes, insurance, and maintenance.
- The vacating party shall execute a quitclaim deed transferring their interest within ___ days of the divorce judgment.
3.2 If the home is sold:
- Net proceeds shall be used first to pay the mortgage balance (if applicable)
- Remaining proceeds shall be divided: ____% to Husband, ____% to Wife
- Each party shall be responsible for any capital gains tax consequences of their share of the proceeds
ARTICLE IV - DEBT ALLOCATION
4.1 Joint Debts. The parties agree to pay the following debts from marital funds:
- [Creditor, account number, balance] - Husband ____%, Wife ____%
- [Creditor, account number, balance] - Husband ____%, Wife ____%
4.2 Individual Debts. Each party shall be solely responsible for:
- All debts incurred in their individual names after the date of separation
- All debts associated with property awarded to them
- All debts specifically assumed by this Agreement
4.3 Indemnification. Each party releases the other from any claims relating to joint debts assumed by the other and agrees to indemnify the other against any liability arising from such debts.
ARTICLE V - SPOUSAL SUPPORT
5.1 Both parties waive any claim for permanent spousal support (alimony).
5.2 Each party shall be self-supporting from their own income and assets.
ARTICLE VI - HEALTH INSURANCE
6.1 Each party shall be responsible for obtaining and maintaining their own health insurance coverage.
6.2 Neither party shall have any obligation to maintain coverage for the other.
ARTICLE VII - PENSION AND RETIREMENT BENEFITS
7.1 Each party shall retain all rights, title, and interest in:
- Their respective pension plans
- 401(k) accounts, IRAs, and other retirement accounts
- Social Security benefits
7.2 Neither party shall have any claim against the other's retirement benefits.
ARTICLE VIII - TAXES
8.1 Income Tax Returns.
- The parties may file joint returns for the tax year of separation if eligible
- After the divorce is final, each party shall file separately
8.2 Tax Refunds and Liabilities.
- Any refund from joint returns shall be divided equally
- Any tax liability from joint returns shall be paid equally
8.3 Property Taxes. Property taxes on assets awarded to a party shall be that party's responsibility.
ARTICLE IX - FULL DISCLOSURE
9.1 Each party acknowledges that they have made full disclosure to the other of:
- All real estate owned
- All bank accounts and investments
- All retirement accounts and pensions
- All debts and liabilities
- All income from all sources
- All business interests
9.2 Each party represents that they have not hidden, transferred, or disposed of any marital assets.
ARTICLE X - RELEASE OF CLAIMS
10.1 Except as expressly provided herein, each party releases the other from all claims arising from the marriage, including:
- Claims to property
- Claims for support
- Claims under equitable distribution laws
- Any other marital claims
10.2 This release does not apply to:
- Rights under this Agreement
- Rights to enforce this Agreement
ARTICLE XI - NO WAIVER
11.1 The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
ARTICLE XII - AMENDMENT
12.1 This Agreement may be amended only by written instrument signed by both parties.
ARTICLE XIII - GOVERNING LAW
13.1 This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, including N.J.S.A. 2A:34-2, 2A:34-10, 2A:34-18.
ARTICLE XIV - SEVERABILITY
14.1 If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
ARTICLE XV - BINDING EFFECT
15.1 This Agreement shall be binding upon the parties, their heirs, executors, administrators, and assigns.
ARTICLE XVI - ENTIRE AGREEMENT
16.1 This Agreement contains the entire understanding of the parties and supersedes all prior agreements, understandings, representations, and warranties, whether written or oral.
SIGNATURES
HUSBAND:
______________________________________
Signature: _________________________________
Printed Name: _________________________________
Date: _________________
WIFE:
______________________________________
Signature: _________________________________
Printed Name: _________________________________
Date: _________________
NOTARY ACKNOWLEDGMENT
**State of New Jersey }
**County of _________________ }
On this ____ day of _______________, 20___, before me personally appeared _________________________________ and _________________________________, known to me to be the persons who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed for the purposes therein contained.
______________________________________
Notary Public Signature: _________________________________
Notary Seal
My Commission Expires: _________________
WITNESS ATTESTATION (OPTIONAL)
We, the undersigned witnesses, do hereby declare:
- We are adults over the age of 18.
- We witnessed the signing of this Agreement by both parties.
- Both parties appeared to sign voluntarily and without duress.
Witness 1:
______________________________________
Signature: _________________________________
Printed Name: _________________________________
Address: _________________________________
Date: _________________
Witness 2:
______________________________________
Signature: _________________________________
Printed Name: _________________________________
Address: _________________________________
Date: _________________
Document Prepared By:
Jurist-Diction
The law, precisely spoken.
Date: March 23, 2026