MARITAL SETTLEMENT AGREEMENT
Addendum to Judgment
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Case Name: ___________________________________________________ Case No.:______________
MARITAL SETTLEMENT AGREEMENT - Addendum to Judgment
This agreement is made with reference to the following facts:
1. The parties were married or registered as domestic partners on __________________.
Irreconcilable differences have arisen between the parties; as a result, they separated and
ceased to live together as husband and wife on ___________________________, which is _____ years
and ______ months from the date of their marriage. They now agree and intend to live apart
permanently.
2. The parties have ______ minor child(ren)of their marriage.
3. The parties acknowledge that with this agreement they intend to effect a complete and final
division of their property (and in doing so have endeavored to make an equal division of their community
property and recognition that such division should result in no taxable transfer by either), and to resolve
all rights and obligations relating to spousal support and maintenance. The parties also intend to
relinquish any and all past, present, or future claims that each may have against the property or estate of
the other and his or her executors, administrators, representatives, successors and assigns, except as
otherwise provided herein.
4. Each of the parties declares and agrees that he or she has read this agreement and fully
understands the same, and each of the parties agree that the execution of this agreement shall be and is
intended to be a full, complete, and final adjustment of all property rights of the parties existing as of the
date hereof and supersedes any prior agreement between the parties written or oral. Each of the parties
further agrees that this agreement is made and entered into by him or her of his or her own volition and
with full knowledge of its legal effect. By signing in execution hereof each party agrees that this
agreement is made at his or her individual and mutual request and after full and thoughtful consideration.
5. The following issues are resolved by virtue of this agreement
(Check only those that apply):
CHILD CUSTODY, VISITATION AND CHILD SUPPORT are set forth in Exhibit ONE,
which is attached hereto and hereby incorporated by reference.
SPOUSAL SUPPORT is set forth in Exhibit TWO, which is attached hereto and
hereby incorporated by reference.
PROPERTY DIVISION is listed in Exhibit THREE, which is attached hereto and
hereby incorporate, or
The parties agree there is no community assets or debts
subject to divide.
4. The parties hereby agree that the following may be incorporated into a Final Judgment and
made an order of the court and may be signed by a Court Commissioner as a Judge Pro Tem.
THE UNDERSIGNED PARTIES APPROVE AS TO FORM AND CONTENT:
DATED: ______________________________________
[signature]
______________________________________ [print name]
Petitioner
A DEFAULT has been entered; therefore RESPONDENT’S signature has been notarized.
DATED: ______________________________________
[signature]
______________________________________
[print name]
Respondent
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MARITAL SETTLEMENT AGREEMENT
Addendum to Judgment
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EXHBIT ONE
PARENTAGE, CHILD CUSTODY/VISITATION AND SUPPORT
The minor child(ren), namely:
Child’s Name(s) Date of Birth
__________________________________________________ _______________
__________________________________________________ _______________
__________________________________________________ _______________
A. PARENTAGE
(Complete ONLY if your child(ren)was/were born prior to the date marriage)
The parties agree any minor child(ren), listed above and named in the Petition that was/were born to the
parties prior to their marriage on ______________________
(date if marriage), request that judgment of
parentage be entered herein.
B. CHILD CUSTODY AND VISITATION
(Select only those that apply)
The custody and visitation ordered on _____________ and attached to this Agreement shall remain
in full force and effect, OR
Petitioner Respondent shall have SOLE LEGAL JOINT LEGAL and
Petitioner Respondent shall have SOLE PHYSICAL SHARED PHYSICAL CUSTODY
Petitioner Respondent to have reasonable rights of visitation as the parties can agree.
The residence of the minor children shall not be changed from California County of Stanislaus
without prior agreement of the parties or court order.
Petitioner Respondent is designated primary caretaker. (Not applicable if you requested sole physical
custody above)
The parties agree that this court has jurisdiction over the issue of child custody as California is
the home state of the children, that they personally executed this agreement and understand their
custodial rights and waive any further hearing on this issue, and agree that the United States is
the country of habitual residence of the children. They acknowledge that they are aware that a
violation of this custodial order may result in civil or criminal penalties. [Family Code Section
3048]
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MARITAL SETTLEMENT AGREEMENT
Addendum to Judgment
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C. CHILD SUPPORT: (If there are minor children of this relationship, the court MUST issue orders regarding child support
unless a case is already in effect through the Department of Child Support Services)
The Department of Child Support Services is enforcing an existing child support order in case number
__________________. Child support is reserved to that case. No other orders regarding child support
are needed.
If there is no case with the Department of Child Support Services, check ONE of the following:
The parties agree to Guideline Child Support Order per the attached computer calculation
printout. Guideline support is $__________ per month payable by the Petitioner Respondent
to the Petitioner Respondent.
or .
The parties agree to a Non-Guideline Child Support Order in the amount of $_________ per month
payable by the
Petitioner Respondent to the Petitioner Respondent, effective
forthwith upon entry of Judgment. The parties are fully informed of their rights concerning child support
per the attached computer calculation printout. The amount is being agreed to without coercion or
duress and the needs of the children will be adequately met by this order. Neither parent is receiving
public assistance for these children no application is pending. No change of circumstances is needed to
raise the order to guideline.
or
The parties agree that the Court order that child support is RESERVED effective forthwith upon entry
of Judgment. The parties are fully informed of their rights concerning child support per the attached
computer calculation printout. The amount is being agreed to without coercion or duress and the
needs of the children will be adequately met by this order. Neither parent is receiving public assistance
for these children no application is pending. No change of circumstances is needed to raise the order to
guideline.
Child support ordered under this section shall be paid ½ on the first and ½ on the 15th of each month
commencing and shall continue until the supported child dies, emancipates, reaches the age of 18 or, if
still a full-time high school student, age 19 or graduation, whichever first occurs.
In the event that there is a contract between a party receiving support and a private child support
collector, the party ordered to pay support must pay the fee charged by the private child support collector.
This fee must not exceed 33 1/3 percent of the total amount of past due support nor may it exceed 50
percent of any fee charged by the private child support collector. The money judgment created by this
provision is in favor of the private child support collector and the party receiving support jointly.
MEDICAL INSURANCE: The Petitioner Respondent shall maintain health insurance for the
minor children. Any uncovered health care expenses shall be paid equally by the parties.
CHILD CARE: Child care to allow either parent to work shall be paid as follows:
included in the child support order above
paid equally by the parties directly to the day care provider.
other: ____________________________________________________________________
DEPENDENT EXEMPTIONS: The Petitioner Respondent shall be allowed to claim
____________________________________ [
name children] as dependents for tax filing purposes. If
necessary, the custodial parent shall execute IRS form 8332 to release the exemptions.
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MARITAL SETTLEMENT AGREEMENT
Addendum to Judgment
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EXHIBIT TWO
SPOUSAL SUPPORT
ORDER: Husband or Wife shall pay to Husband or Wife for spousal support the sum
of $________________ per month, payable in advance, on or before the ________ day of each month,
commencing on _________________ and continuing (Select one of the following):
NO TERMINATION DATE
Until either party’s death, the remarriage of the party receiving spousal support, or modification or
termination by further court order, whichever occurs first.
SPECIFIC DATE OF TERMINATION
Except by further court order, until ___________________ (date), either party’s death, the
remarriage of the party receiving spousal support, or termination by further court order, whichever
occurs first.
RESERVATION: The court in the parties’ dissolution action shall reserve jurisdiction over the issue of
spousal support payable to
Husband or Wife, until the remarriage of that party, either party’s
death, or modification or termination by further court order, whichever occurs first. Spousal support may
be ordered payable following this reservation of jurisdiction only upon a proper showing of a change of
circumstances.
TERMINATION OF JURISDICTION
(Marriage of LESS than 10 years)
Husband and Wife hereby waive and release all rights and claims to receive support from the other party
at any time. No court shall have jurisdiction to order spousal support payable by Husband or Wife to the
other party at any time, regardless of any circumstances that may arise.
TERMINATION OF SUPPORT IN A LONG TERM MARRIAGE
(Marriage of MORE than 10 years - You must complete ONE for each party.)
Petitioner:
Petitioner is currently employed with _______________________________________ (employer’s
name) and has been since ________________ (date). My position there is as a
_______________________________ (position title) earning $______________ per hour/week/month.
Petitioner is not employed but has a monthly source in the amount of $______________ per
hour/week/month derived from ___________________________________________________.
Respondent:
Respondent is currently employed with _______________________________________
(employer’s name) and has been since ________________ (date). My position there is as a
________________________________ (position title) earning $______________ per hour/week/month.
Respondent is not employed but has a monthly source in the amount of $_____________ per
hour/week/month derived from ___________________________________________________.
Each party acknowledges that the marriage is of long duration but in consideration of other agreements
and stability of our efforts to be mutually self-supporting, the parties voluntarily waive spousal support and
request that the jurisdiction be terminated.
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MARITAL SETTLEMENT AGREEMENT
Addendum to Judgment
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EXHIBIT THREE
DIVISION OF COMMUNITY PROPERTY ASSETS AND DEBTS
The parties agree that the community property assets and debts shall be divided as follows:
HUSBAND shall be awarded the following community property assets and debts as his/her sole and
separate property and shall hold wife harmless therefrom:
Description of Property/Debt
(A Legal Description must be attached for any
real property)
Market Value
Loan or Debt
Net Value
- =
- =
- =
-
=
-
=
-
=
-
=
-
=
-
=
-
=
-
=
Total awarded to HUSBAND:
$
WIFE shall be awarded the following community property and debt as his/her sole and separate property
and hold husband harmless therefrom:
Description of Property/Debt
(A Legal Description must be attached for any
real property)
Market Value
Loan or Debt
Net Value
-
=
-
=
-
=
-
=
-
=
- =
-
=
-
=
-
=
-
=
-
=
Total awarded to WIFE:
$
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MARITAL SETTLEMENT AGREEMENT
Addendum to Judgment
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EQUALIZATION OF PROPERTY DIVISION
(Select all that apply)
Husband and Wife acknowledge that the above division constitutes an equal division of property.
The parties agree that the above-division of assets and debts results in Husband or Wife
receiving $_______________ more in net assets and debts than the other party, resulting in an
equalization payment of $___________ which is one-half of the difference between the total net
assets and debts going to each party.
In order to equalize the division of assets and debts, Husband or Wife, will pay to the
other party the sum of $___________ as an equalizing payment.
Said equalizing payment shall be payable as follows:
$ ____________ per month commencing _____________________ until paid in full.
Other terms of payment:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Husband and Wife acknowledge that the above does not constitute an equal division of property;
however both knowingly, freely and without duress or undo pressure waive and release all rights and
claims to receive an equalizing payment from the other party at any time.
RETIREMENT BENEFITS
WAIVER OF RETIREMENT BENEFITS
Petitioner requests that the Court order that all benefits accrued during the marriage, now or in the future
by Respondent under the employee benefit plan:
____________________________________________________________________,
[Name of pension or other employee benefit plan]
based on Respondent’s employment with ________________________________________________,
shall be awarded to Respondent as his/her sole and separate property. Petitioner will not assert any
claim to these benefits, and WAIVES and releases all claims, rights, and interest in and to these benefits
under the plan, including, but not limited to, survivor benefits and agrees to execute all documents
required by the Plan or employer to release said interest.
DIVISION OF RETIREMENT BENEFITS
Petitioner requests that the Court find that based on Petitioner’s Respondent’s employment with
______________________________________________________, during the marriage, a community
interest has arisen in the following plan:
____________________________________________________________________,
[Name of pension or other employee benefit plan]
The parties shall cooperate in the preparation of a Qualified Domestic Relations Order (QDRO) or retirement benefits
order for each plan, which proposed order(s) shall set forth the respective community interests of the parties and
govern the disposition of benefits upon qualification by the plan(s) based upon the time rule. The court shall reserve
jurisdiction over the preparation of the order(s), and division of said retirement benefits.
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MARITAL SETTLEMENT AGREEMENT
Addendum to Judgment
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CONFIRMATION OF SEPARATE PROPERTY
The following is/are the separate asset(s) and obligation(s) of Husband, to be confirmed to him as his
separate property. Wife disclaims and waives any and all rights and interest in these assets. Husband
shall pay the obligation(s) and hold Wife harmless from these liabilities:
Description of Property/Debt
The following is/are the separate asset(s) and obligation(s) of Wife, to be confirmed to her as her
separate property. Husband disclaims and waives any and all rights and interest in these assets. Wife
shall pay the obligation(s) and hold Husband harmless from these liabilities:
Description of Property/Debt
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