Congrats—you’ve decided to transform what could be a UFC-style divorce into a civilized agreement. A Marital Settlement Agreement (MSA) is basically a prenup’s ex-version: it says who keeps what, who pays what, and who gets the dog (or the cat, or both—sorry ex-spouses, no take-backs).
Below is:
1. A short checklist of what I need from you
2. A generic “skeleton” of an MSA you can flesh out
3. Some sample language so you’re not staring at a blank page
DISCLAIMER: This is a general template. Local rules vary. Always run your final draft by a family lawyer licensed in your state.
1. What I need from you (aka “The Holy Trinity of MSA Info”)
• Jurisdiction (state and county)
• Names, dates of marriage, date of separation
• Children (names, birthdates, desired custody/visitation)
• Marital assets (house, bank accounts, retirement, vehicles, collectibles)
• Marital debts (mortgages, car loans, credit cards)
• Spousal support (amount, duration, if any)
• Health and life insurance provisions
• Tax filing plans (joint/agreed or separate)
• Anything else you’re fighting over (beanie-baby collection? Star Wars figurines?)
2. MSA “Skeleton” (aka the sections you’ll need)
1. Recitals (“Whereas…”):
– Identify parties, marriage date, separation date, kids
2. Definitions (to keep everyone on the same page)
3. Division of Property and Debts:
a. Real property
b. Bank and investment accounts
c. Retirement plans
d. Vehicles
e. Personal property (furniture, art, collectibles)
f. Debts (who pays what)
4. Spousal Support (alimony):
– Amount, payment schedule, duration, termination triggers
5. Child Custody and Visitation:
– Legal/physical custody, parenting time, holiday schedule
6. Child Support:
– Guidelines reference, payment details, medical/educational expenses
7. Insurance Provisions:
– Health, dental, life insurance for spouse/children
8. Taxes:
– Filing status, who claims which exemptions
9. Mutual Releases and Waivers (“I release you from the taco you burned last Christmas”)
10. Attorneys’ Fees and Costs
11. Miscellaneous Provisions:
– Governing law, amendment procedure, severability
12. Signatures and Notary
3. Sample Language Snippets
• Recitals
“This Marital Settlement Agreement (“Agreement”) is entered into this 1st day of July, 20XX, by and between Jane Doe (“Wife”) and John Doe (“Husband”), formerly husband and wife, in the County of Orange, State of California. The parties were married on January 1, 2010, and separated on June 1, 2023.”
• Property Division
“Husband shall retain sole title, interest, and possession of the marital residence located at 123 Maple St., Anytown, CA, and shall be responsible for all associated mortgage payments, taxes, insurance, and maintenance, effective the date of this Agreement.”
• Spousal Support
“Wife shall pay to Husband as spousal support the sum of $2,000 per month, commencing August 1, 2023, and continuing for 36 months or until Husband’s death or remarriage, whichever occurs first.”
• Child Custody & Visitation
“The parties shall share joint legal custody of their minor children, with primary physical residence with Wife. Husband shall have parenting time every other weekend from Friday at 6:00 p.m. to Sunday at 6:00 p.m., and one evening per week.”
• Child Support
“Husband shall pay child support in the amount of $1,200 per child per month, beginning August 1, 2023, and payable on the first of each month thereafter.”
• Insurance
“Wife shall maintain health insurance covering the minor children as long as reasonably available at no cost to Husband. Husband shall maintain life insurance naming Wife and children as beneficiaries in the amount of $200,000.”
• Taxes
“The parties shall file separate federal and state tax returns for tax years 2023 and thereafter. Wife shall claim the children as dependents in even-numbered years; Husband shall claim them in odd-numbered years.”
• Mutual Release
“Except as otherwise provided herein, each party hereby releases and forever discharges the other from any and all claims, demands, or causes of action arising out of the marital relationship.”
• Governing Law & Signatures
“This Agreement shall be governed by the laws of the State of California. …”
[Signature lines for both parties and notary acknowledgment]
Next Steps:
1. Fill in the blanks with your facts.
2. Circulate to your spouse/attorney for review.
3. Notarize and file (if required by your local court).
And voilà—you’ve turned a potentially ugly break-up into a legally binding peace treaty. If you get stuck, holler for specifics. I’m here with legal brainpower and dad jokes at the ready.