Below is a list of the key facts and decisions I’ll need in order to draft a tailored Marital Settlement Agreement (MSA). Once you’ve provided these details, I can prepare a first draft for your review.
1. Parties & Background
• Full legal names of both spouses
• Current addresses
• Date and place of marriage
• Date of separation (if already separated)
• Whether one spouse has already filed for divorce and the court/jurisdiction
2. Children (if any)
• Names and birthdates of all minor children of the marriage
• Proposed custody arrangement (legal and physical custody)
• Parenting time schedule (weekends, holidays, vacations, etc.)
• Decision‐making authority (education, health, religion)
• Child support: amount or guideline calculation and payment frequency
• Health insurance, extracurricular costs, college funding plans
3. Spousal Support (Alimony)
• Whether support is agreed or waived
• Amount, duration, start date and end date (or event that ends support)
• Method of payment
4. Division of Marital Assets
• Real property (e.g., family home, vacation home) – addresses, current market values, mortgages, equity splits or buy‐out terms
• Bank accounts, investment accounts, retirement plans (401(k), pensions, IRAs) – account numbers, balances, division percentages
• Business interests – name of business, valuation method, buyout terms
• Vehicles – year, make, model, owner, value, allocation
• Personal property (furniture, art, jewelry) – who keeps what or how it will be appraised and divided
5. Division of Debts & Liabilities
• Mortgages, auto loans, credit cards, business debts, student loans
• Who will assume or indemnify which debts
• Payoff or refinancing plans
6. Tax Matters
• Treatment of joint tax filings for the year of separation
• Who claims children as dependents
• Responsibility for any outstanding tax liabilities
7. Insurance & Benefits
• Life insurance (beneficiary designations, required coverage amounts)
• Health insurance continuation (COBRA or other arrangements)
• Property and casualty insurance on property to be transferred
8. Miscellaneous Provisions
• Attorneys’ fees and costs (who pays for drafting and filing)
• Mutual release of future claims (full and final settlement language)
• Confidentiality clause (if either party is a public figure)
• Dispute resolution (mediation/arbitration before any court action)
• Governing law (state/jurisdiction that will interpret the agreement)
9. Signatures & Notarization
• Preferred location and date of signing
• Whether you will use a notary or witnesses
Please review and send me as much of this information as you can. If you aren’t sure about values or terms, even approximate figures or “TBD” notes will help. Once I have these details, I’ll draft the MSA for your review and we can refine it together.
