Upon Marriage Termination

Alimony and Maintenance

  • Waiver Provisions: The parties agree to waive any claims to alimony, separate maintenance, and any similar financial support post-marriage termination, except as expressly provided in the agreement.

Property and Income Rights

  • Property Claims: Each party waives the right to claim any property or income from the other in the event of marriage termination. This includes property that would otherwise be considered marital or community property under the law.

  • Contribution Claims: There is a mutual agreement that neither party will claim that their personal efforts contributed to the increase in value of the other’s separate property.

  • Fee Waivers: Both parties waive the right to claim any legal, accounting, or related fees from the other in connection with marriage termination.

Property and Inheritance

Release of Claims

  • Mutual Release: The parties mutually release any right, title, and interest in the other’s property acquired prior to the marriage, as per the laws of the state or any other relevant jurisdiction.

Inheritance and Dower Rights

  • Estate Rights: The agreement includes waivers of various rights related to the estates of the parties, including dower, community property, and inheritance rights.

  • Specific Waivers:

    1. Waivers related to inchoate dower, courtesy rights, community property, and homestead rights in the real and personal property.
    2. Waiver of rights to elect against the will or estate of the deceased spouse, with exceptions as specified in the agreement.
    3. Waiver of rights to intestate share, widow’s/widower’s awards, and other statutory entitlements upon the death of a spouse, with certain exceptions.

Employee Benefits and Pensions

  • Benefits Waiver: The parties agree to waive rights to each other’s pension, profit-sharing, or other employee benefits accrued before marriage.
  • Consent Requirement: The agreement outlines the obligation to sign consents and acknowledgments regarding elections made by the other party concerning their benefits.
  • Property Settlement: In the event of marriage termination, the parties are required to execute any necessary agreements to enforce the waivers and releases agreed upon.

  • Notary Acknowledgment: Any consent and acknowledgment related to employee benefits must be witnessed by a notary public, emphasizing the formal nature of these waivers.