A marital settlement agreement is a written document in which divorcing couples record how they will divide their property and debts, handle support, and share responsibility for their children. Illinois law lets couples settle a divorce with an agreement of their own.[1] Fill out the free marital settlement agreement Illinois template below online, or download the PDF. Other states are on our free printable marital settlement agreement page.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Illinois law. If you notice an error or outdated information, please contact us.
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Couples decide what goes into their own agreement. The FormsPal template, titled Illinois Marital Separation Agreement, runs eight pages. It has 18 numbered sections, a signature page for both partners, and a notary acknowledgment page.
Fill in the sections that apply to your family. Gather your financial documents first, such as account statements and a list of debts. To complete the downloaded file on a screen, use our online PDF editor. Many couples have a lawyer read the finished document before they sign, especially when a child, a home, or retirement accounts are involved.
Signing a settlement agreement does not end the divorce process. A court review comes next, and the court can find that an agreement is unconscionable (very unfair) after considering the economic circumstances of the parties.[1]
Illinois law lets couples settle their divorce with their own written agreement. A court reviews the provisions, and the judgment can make them enforceable. The legal rules below come from 750 ILCS 5/502 of the Illinois Compiled Statutes.[1]
A court grants a divorce in Illinois when irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts would be impracticable and not in the best interests of the family (750 ILCS 5/401). If the spouses have lived separate and apart for a continuous period of at least 6 months immediately before the judgment, the law treats that requirement as met, and the presumption cannot be rebutted.[2]
When the court allocates decision-making responsibilities for the children, it must do so according to the child's best interests (750 ILCS 5/602.5).[4]
Illinois law says a couple may agree on provisions for these topics:
Any agreement must be in writing. The exception is good cause shown, with the approval of the court, before proceeding to an oral prove up.[1]
The division of assets starts with one question, which is what counts as marital property. Here is how the statute puts it:
For purposes of distribution of property, all property acquired by either spouse after the marriage and before a judgment of dissolution of marriage or declaration of invalidity of marriage is presumed marital property.
In plain words, anything either spouse acquires during the marriage and before the judgment is presumed to be marital property.[1]
The court assigns each spouse's non-marital property to that spouse. It divides the marital property, without regard to marital misconduct, in just proportions considering all relevant factors (750 ILCS 5/503).[3]
The court does not simply sign off on every clause. The statute sets this standard:
The terms of the agreement, except those providing for the support and parental responsibility allocation of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the agreement is unconscionable.
In plain words, the court is bound by most of what you agree on unless it finds the agreement unconscionable. Provisions about child support and parental responsibility allocation are the exception.[1]
Unless the agreement provides to the contrary, its provisions must be set forth in the judgment, and the parties are ordered to perform under them. If the agreement says its provisions will not be set forth in the judgment, the judgment must identify the agreement and state that the court has approved its terms.[1]
Provisions set forth in the judgment are enforceable by all remedies available for enforcement of a judgment, including contempt. They are also enforceable as contract terms.[1]
Some parts of an agreement can change after the divorce and some cannot. The table shows what the statute says about each part.[1]
| Part of the agreement | What Illinois law says |
|---|---|
| Property provisions | Property provisions of an agreement are never modifiable. |
| Maintenance | The parties may provide that maintenance is non-modifiable in amount, duration, or both. |
| Child support and parental responsibility allocation | These may be modified upon a showing of a substantial change in circumstances. The same goes for support of children after they attain majority, as provided in Sections 513 and 513.5. |
Because property provisions never change, read that part of your document twice before you sign.
Popular Local Marital Settlement Agreement Forms
Although it is not obligatory to create a marital settlement agreement, doing so may give you several benefits: far more confidence after the breakup and much less headache in courtroom. Here is a list of this sort of regional agreements needed the most by our visitors.
A settlement agreement is one part of the divorce process, not a replacement for it. The usual order of events is below. It describes common practice, not Illinois deadlines or requirements, so ask the court clerk or an attorney about the exact steps and timing for your case.
The answers below come from 750 ILCS 5/502, the statute listed under Sources. They cover what a settlement agreement is, whether it must be in writing, what can change after the decree, and how a court enforces it.
It is a written agreement in which a couple settles the conditions of their divorce. Illinois law recognizes it. The parties may agree on the disposition of property, maintenance, support, parental responsibility allocation of their children, and support of their children after the children attain majority.[1]
Yes. Any agreement under this section must be in writing. The exception is good cause shown, with the approval of the court, before proceeding to an oral prove up.[1]
It depends on the part:[1]
Read each part before you sign.
Yes. Provisions set forth in the judgment are enforceable by all remedies available for enforcement of a judgment, including contempt. They are also enforceable as contract terms.[1]
Other Marital Settlement Agreement Forms by State
General information, not legal or tax advice.
The legal rules on this page come from the Illinois Compiled Statutes section listed below. The bracketed number in the text points to this entry, so you can read the statute's own words.
