| name | marital-settlement-agreement |
| title | Marital Settlement Agreement |
| description | Drafts Marital Settlement Agreements for divorce proceedings covering property division, spousal support, child custody, and enforceability provisions. Triggers on requests to draft MSAs, divorce settlement agreements, property settlement agreements, or marital dissolution contracts. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/marital-settlement-agreement |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | family |
| language | en |
| tags | ["agreement","drafting","litigation"] |
Marital Settlement Agreement
Drafts a binding MSA resolving all divorce issues — property, support, custody — ready for court approval and incorporation into the final decree.
Prerequisites
Gather before drafting:
- Financial disclosures — income statements, tax returns, account statements for both parties
- Property docs — appraisals, deeds, titles, retirement statements, business valuations
- Debt records — creditor statements with account numbers and balances
- Custody materials — evaluations, existing parenting plans, school/medical records
- Prior agreements — prenuptial agreements, temporary orders, mediation outcomes
- Jurisdictional info — filing state, county, case number, community vs. equitable property regime
Workflow
Step 1 — Property Division (Article I)
Marital Property Schedule — itemize each asset:
| Column | Content |
|---|
| Asset description | Real property, accounts, vehicles, retirement, business interests |
| Identifier | APN, account #, VIN, plan #, EIN |
| FMV / Balance | Dollar value at valuation date |
| Awarded to | Receiving party |
| Notes | Encumbrances, buyout terms, QDRO needed, valuation method |
Marital Debt Schedule — itemize each debt: creditor, account #, balance, responsible party, hold-harmless obligation.
Separate Property Confirmation — list each party's separate property (pre-marital, gift, inheritance) with mutual disclaimer of interest.
Step 2 — Spousal Support (Article II)
Draft one of:
A. Support ordered — specify: monthly amount, due date/method, duration, modifiability, step-down schedule, COLA, termination events (death, remarriage, cohabitation), tax treatment (post-TCJA: non-deductible/non-includable federally).
B. Mutual waiver — explicit knowing waiver of all current and future support rights with acknowledgment of consequences.
Step 3 — Children (Article III)
Custody & Parenting Plan:
- Legal custody — joint/sole; decision domains (education, healthcare, religion)
- Physical custody — primary placement, weekday/weekend rotation
