Marital Settlement Agreement in California

You and your spouse have done the hard work. You've talked through the big decisions, landed on terms you can both live with, and you're ready to make it official. Now you need to put it all in writing. A marital settlement agreement is the document that captures every decision you've made, satisfies the California court's requirements, and sets the stage for your divorce to be finalized.

Think of the marital settlement agreement as the foundation of your divorce. It's not just paperwork. It's a legally binding contract that will shape how you and your former spouse move forward. Getting it right matters. This guide walks you through exactly what the agreement covers, how to fill it out section by section, and what happens once you file it with the court.

What does a marital settlement agreement cover?

A California marital settlement agreement is organized into clear sections. Each one addresses a specific part of your marriage and divorce. You'll work through every section before you sign, and both of you must sign the final document.

Here's what you can expect to address:

• Statistical facts. Who you are, when you were married, how many children you have, and why you're divorcing. Most California divorces cite irreconcilable differences as the basis.
• Acknowledgments. Both of you certify that you've shared financial information, reviewed the details carefully, and understand what you've agreed to. Full financial disclosure isn't optional.
• Custody and parenting time. If you have children, this section establishes where they'll live, how parenting time will be divided, and how major decisions about their upbringing will be made. You can reference a separate parenting plan or write the details directly into the agreement.
• Child support. Payments, health insurance, and other child-related expenses are outlined here. California uses an income-based guideline formula to set the amount.
• Spousal support. If one spouse will pay support to the other, this section spells out the amount and duration. If both parties are waiving it, that goes here too.
• Property division. Community property acquired during the marriage is split. Separate property each spouse owned before or received as gifts or inheritance is identified and returned to the appropriate person.
• Attorneys and costs. If you hired legal help, this section identifies who pays those fees.
• Taxes. Divorce can have tax implications. This section covers how you'll handle joint returns and any related obligations.

The final and most important element: both of you must sign and date the agreement. Without signatures from both parties, the document has no legal effect.

New in 2026: What changed about how you file 2026 Update

California made a significant change to the divorce filing process beginning January 1, 2026. Under Senate Bill 1427, couples who agree on all their divorce terms can now file a joint petition for dissolution together, using Form FL-700.

The joint petition route works best when you've already worked through your settlement terms together. This is different from the old summary dissolution option, which had strict eligibility limits: married less than five years, no children, and minimal assets. The joint petition under SB 1427 has none of those restrictions.

One caveat: the joint petition process doesn't allow for temporary court orders. If either of you needs the court to intervene on support or custody issues while the divorce is pending, you'll need to revoke the joint petition and convert to a standard filing. But for couples who have genuinely agreed on everything, the joint petition can simplify the process and reduce both cost and conflict.

If you're not sure which filing route fits your situation, a free 15-minute call with a Hello Divorce account coordinator can help you sort it out quickly.

How do you file a settlement agreement?

At the start of your divorce, one spouse filed a petition with the local superior court and paid a filing fee. You'll return to the same court to file your marital settlement agreement and finalize the divorce. If you used the new joint petition process under SB 1427, you filed together from the beginning and this step is already integrated.

Your agreement must be accompanied by a set of supporting forms. Which ones you need depends on your circumstances, but the most common include:

Use the FL-182 Judgment Checklist as a final review before submitting your packet. If you have questions, your court's Self-Help Center can confirm that you've included all the right documents. Staff there can't give legal advice, but they can verify that your filing is complete.

You can also review Hello Divorce's complete guide to California divorce forms and papers to understand how all the documents fit together.

How do you fill out a marital settlement agreement?

Let's walk through each section of a standard California marital settlement agreement so you know exactly what you're filling out and why it matters.

Introductory provisions

Provide both spouses' full legal names and the date of your marriage. Identify your date of separation, which is the day one of you communicated a desire to end the marriage and followed that with actions consistent with that intent. List any minor children by name and date of birth.

This section typically includes checkboxes allowing both parties to certify full participation and waive certain rights. Read each one carefully before initialing or signing.

Example: Alex and Jordan were married on July 1, 2015. Alex told Jordan they wanted a divorce and moved out of the shared home on July 1, 2023. Their date of separation is July 1, 2023.

Custody and parenting time

If you share minor children, this section documents how they'll divide their time between both parents. You can write the schedule directly into the form or attach a separate parenting plan. The court will want to see that the arrangement reflects the children's best interests.

Example: Alex and Jordan share two children. They've agreed to a shared custody arrangement with alternating weeks, and they'll alternate major holidays on a yearly basis.

Child support

This section applies if you share minor children. You can reference an existing court order, set up payment terms, or document that support is calculated according to California's guideline formula. Health insurance and uncovered health care costs are addressed here too.

Example: Because Alex and Jordan share custody equally, no support payment flows between them. They've agreed to split uncovered medical and dental expenses equally and note that arrangement here.

Spousal support

This section applies when there's an income gap between spouses. You'll outline the monthly payment amount, how long payments will last, and the conditions under which support ends. If both parties agree to waive support entirely, you document that here as well.

Example: Alex and Jordan have similar incomes and have agreed to waive spousal support. That decision is documented in this section, and both parties sign off on it.

Property and debts

First, list any separate property, things owned before the marriage or received as gifts or inheritances, and confirm who keeps each item. Then list community property, assets accumulated during the marriage, and explain how each item will be distributed. California is a community property state, which means the default is an equal split. You can deviate from that if you both agree in writing.

Example: Alex will keep the 2019 sedan. Jordan will keep the 2022 SUV. They'll split the joint savings account equally. The furniture stays with whoever is keeping the apartment. All of this is itemized in the agreement.

Family home

Identify the address and ownership status of any family home. If one party is staying in the home short-term, document who pays the mortgage, taxes, and maintenance costs during that period and when the property will be sold or transferred. If you rent, confirm that the tenancy has been resolved.

Retirement accounts

Retirement funds built up during the marriage are generally community property. You'll need to decide how to divide them or agree to waive the right to each other's accounts. Dividing a retirement account typically requires a separate Qualified Domestic Relations Order (QDRO) to transfer funds without triggering early withdrawal penalties.

Legal stipulations and signatures

The final pages of the agreement contain standard legal provisions covering enforcement, modification, and what happens in the event of default or bankruptcy. These sections can feel dense. Take your time reading them, and don't sign anything you don't fully understand. Both parties must sign and date the final page for the agreement to be valid.

Is a marital settlement agreement legally binding in California?

Yes, but only once it's been approved by a judge and incorporated into the final judgment. A signed agreement between spouses is a contract, but it doesn't become a court order until the judge signs the judgment and the court files the notice of entry of judgment. At that point, your divorce is final and all of your arrangements are officially enforceable.

If you need to change something after the judgment is entered, you have two options. If you both agree on a new arrangement, you can write up a modified agreement and submit it to the court for updated orders. If you don't agree, one of you can file a motion and the court will hold a hearing to decide whether a change is warranted. Some terms, like the property division, are much harder to modify than others, like child custody or support.

Read every section carefully before you sign. It's far easier to negotiate a change before the ink dries than to seek a court modification after the judgment is entered.