Marital Settlement Agreement (MSA)

Comprehensive divorce settlement agreement covering property, support, custody - filed with court for divorce judgment.

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MARITAL SETTLEMENT AGREEMENT

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In Re the Marriage of:

  Petitioner:      Jordan Alex Taylor
  Respondent:      Aleksandra Petrova Taylor

Case Number:       Multnomah County Case # DR-2026-118432
Court:             [Family Court of Oregon]

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PRELIMINARY STATEMENT

The parties were married on September 15, 2018 in the State of Oregon. They separated on January 15, 2026 and now wish to dissolve their marriage. They have reached agreement on all matters and submit this Agreement for incorporation into the divorce judgment.

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CHILDREN OF THE MARRIAGE

Ellis Taylor (DOB 2018-09-04, age 7) - issue of the marriage.
William Taylor (DOB 2021-03-22, age 5) - issue of the marriage.

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ARTICLE I - REAL PROPERTY

Marital home at 482 Elm Street, Apt 3B, Portland, OR 97214: AWARDED to PETITIONER. Petitioner shall refinance the mortgage in his sole name within 90 days; Respondent shall execute quitclaim deed.
Vacation cabin at 1100 Mountain View Rd, Sandy, OR: AWARDED to RESPONDENT. Petitioner shall execute quitclaim deed.

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ARTICLE II - PERSONAL PROPERTY

2025 Toyota Highlander: AWARDED to RESPONDENT. Respondent shall refinance loan in her sole name.
2021 Toyota RAV4: AWARDED to PETITIONER. (Already in Petitioner's sole name.)
Furniture, household items: divided per Schedule C (attached).
Jewellery, personal items, family heirlooms: each party retains their own.
Marital photographs and family videos: shared via cloud archive accessible to both parties.

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ARTICLE III - FINANCIAL ASSETS

Joint Chase savings (current balance $48,000): split equally; $24,000 to each.
Petitioner's 401(k) at Acme Corporation (current balance $245,000): SPLIT 60/40 in favor of Petitioner via QDRO. Respondent receives $98,000.
Respondent's 401(k) at TechCo (current balance $135,000): RESPONDENT retains all.
Joint Vanguard brokerage (current balance $48,000): split equally.
Separate accounts (each spouse's pre-marital separate property): each spouse retains their own.
Inheritance Petitioner received 2025-08 ($120,000 separately maintained): Petitioner retains all.

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ARTICLE IV - DEBTS

Marital home mortgage ($185,000 balance): RESPONSIBILITY of PETITIONER (with refinance).
Vacation cabin mortgage ($95,000): RESPONSIBILITY of RESPONDENT (with refinance).
2025 Toyota Highlander loan ($28,000): RESPONSIBILITY of RESPONDENT.
Joint credit cards (current balance ~$3,200): paid from joint savings before split.
Each spouse responsible for their own pre-marital and individual debts (Respondent's student loans, etc.).

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ARTICLE V - CHILD CUSTODY AND PARENTING TIME

LEGAL CUSTODY: JOINT - both parents share legal custody for major decisions (education, medical, religious, mental-health).
PHYSICAL CUSTODY:
  - 2-2-3 schedule alternating weeks:
    Week A: Petitioner has Mon-Tue; Respondent Wed-Thu; Petitioner Fri-Sun.
    Week B: Respondent has Mon-Tue; Petitioner Wed-Thu; Respondent Fri-Sun.
  - Major holidays alternate; specific schedule attached as Schedule D.
  - Summer: 4 consecutive weeks per parent (mutual agreement on dates by April 1 each year).
  - Travel: each parent may take children for travel within US with 14+ days notice; international travel requires written consent of other parent (separate Travel Consent form).

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ARTICLE VI - CHILD SUPPORT

Child support: $0 from either party (50/50 timeshare with similar incomes per state guideline calculator); reviewed annually.
Medical insurance: provided by Petitioner through employer (Acme Corporation BCBS).
Uncovered medical/dental expenses: split 50/50 by parents.
Childcare expenses: split 50/50 by parents.
Extracurricular activities: each parent pays for activities they enroll the children in; no reimbursement obligation.

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ARTICLE VII - SPOUSAL SUPPORT

Spousal support: $0. Both parties have similar incomes and earning capacity. Mutual waiver of spousal support.
This waiver is voluntary, made with the advice of independent counsel, and is not subject to modification (unless either party becomes permanently disabled or experiences a substantial decrease in earning capacity through no fault of their own).

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ARTICLE VIII - TAX PROVISIONS

Final joint tax return: 2025 (filed before separation; tax refund/liability split equally).
2026 tax return: parties file separately (married filing separately or single after divorce judgment).
Child tax dependency: alternates annually - Petitioner claims even years (2026), Respondent claims odd years (2027).
Head-of-household status: each parent qualifies in years they claim child dependency.

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ARTICLE IX - GENERAL PROVISIONS

  1. This Agreement is entered into freely and voluntarily by both parties, with full knowledge of the property and finances of each.
  2. Each party has been advised by independent legal counsel before signing.
  3. This Agreement may be modified only by court order or by written agreement of both parties.
  4. Either party may file this Agreement with the court as part of the divorce judgment; both parties consent to incorporation into the divorce judgment.
  5. This Agreement is governed by the law of the State of Oregon.

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EXECUTION


_______________________________            Date: ____________________
Jordan Alex Taylor (Petitioner)


_______________________________            Date: ____________________
Aleksandra Petrova Taylor (Respondent)


NOTARY ACKNOWLEDGMENT

State of Oregon     )
                                          ) ss.
County of __________________              )

Subscribed and sworn before me on _________________ (date).

________________________________
Notary Public — signature & seal

About this template

A Marital Settlement Agreement (MSA) is the comprehensive contract between divorcing spouses that addresses all property, support, custody, and other divorce-related matters. The MSA is filed with the court and incorporated into the final divorce judgment, becoming both a contract between the parties and an enforceable court order. The MSA covers (typically): real property division (marital home, vacation property, rental property), personal property (vehicles, furniture, jewellery, photographs), financial assets (bank accounts, retirement, brokerage, business interests), debts (mortgages, credit cards, vehicle loans, tax obligations), child custody and parenting time, child support, spousal support (alimony), tax provisions, and general provisions. Property division varies by state: community-property states (California, Texas, Arizona, Nevada, Idaho, Louisiana, New Mexico, Washington, Wisconsin) split marital property 50/50 by default; equitable-distribution states (most others) divide based on fairness factors (length of marriage, contributions, future need, etc.). Retirement-account division (401(k), pension, IRA) typically requires a Qualified Domestic Relations Order (QDRO) - a separate court order that divides the account at the plan administrator level without triggering taxes or penalties. Spousal support varies enormously by state and by case factors (length of marriage, age, health, earning capacity, contributions to spouse's career). Child support follows state guidelines based on parents' incomes and timeshare; departures from guidelines require specific findings. Custody and parenting time are litigated heavily; agreed schedules submitted in MSA are typically approved unless contrary to child's best interests. The MSA must be reviewed and approved by the court; courts typically defer to parental agreement on property and support but scrutinise child-related provisions for best interests. ALWAYS work with family-law attorneys for MSA drafting; the cost of attorney representation ($2-15K total) is small relative to assets affected and lifelong implications.

When to use it

  • Final divorce settlement (after mediation, negotiation, or trial).
  • Stipulated divorce judgment.
  • Comprehensive divorce-related contract.
  • Conversion of mediation outcome to court-enforceable agreement.

What to include

  • Petitioner and Respondent identification with case number.
  • Marriage and separation dates.
  • Children of the marriage.
  • Real property division.
  • Personal property division.
  • Financial accounts (with QDRO references for retirement).
  • Debt allocation.
  • Child custody and parenting time.
  • Child support and medical/insurance.
  • Spousal support.
  • Tax provisions.
  • General provisions.

Frequently asked

No - the divorce itself requires court action. The MSA becomes part of the court's divorce judgment. After both parties sign the MSA, one party (typically the Petitioner) files the divorce paperwork with the court along with the MSA; the court reviews and approves, then issues the divorce judgment incorporating the MSA. The court process is typically 30-180 days from filing to final judgment depending on state and court calendar.
⚠ Legal disclaimer. Marital Settlement Agreements are heavily state-specific and have lifelong financial and parental implications. Property division (community-property vs equitable-distribution states), spousal support rules, child-support guidelines, and custody factors all vary significantly. ALWAYS work with family-law attorneys (each spouse with independent counsel) for MSA drafting. QDRO preparation often requires specialised counsel. For divorce involving substantial assets, business interests, multi-state issues, or contested custody, do not use templates - work directly with experienced family-law counsel.

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