Free Indiana Divorce Settlement Agreement Form

An Indiana divorce settlement agreement is a written document in which spouses record how they will handle property, support, and their children when they end a marriage. Indiana law lets spouses settle these topics by agreement, and the terms become part of the divorce decree if the court approves them.[1.1] Fill out the free template below online, or download the PDF. It works alongside the state of Indiana divorce papers you file with the court and does not replace them.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Indiana law. If you notice an error or outdated information, please contact us.

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A divorce settlement agreement is also called a marital settlement agreement, a property settlement agreement, or a separation agreement. The FormsPal template is titled Indiana Marital Separation Agreement, and this page covers all of those names.

Contents of an Indiana Divorce Settlement Agreement

Spouses decide what goes into their own agreement. The FormsPal template, titled Indiana Marital Separation Agreement, runs eight pages. It has 18 numbered sections, a signature page for both spouses, and a page for a notary acknowledgment. The steps in the next section follow that order.

Looking for another state? See our free printable marital settlement agreement page.

How to Fill Out the Indiana Divorce Settlement Agreement Form

Work through the template in the order the form is laid out. Each numbered section asks for specific details about your divorce, your children, your home, and your money, so collect those items first and fill out each section in one sitting.

  1. Name the spouses. Write the full name of each spouse on the first page. The form calls them Spouse 1 and Spouse 2, and it takes effect on the date of signature.
  2. Complete the disclosures (section 2). List the significant real and personal property each spouse owns, using the blank lines provided.
  3. Add the children (section 3). Enter each child's name, date of birth, and Social Security number. Then record which child lives with which spouse, the custody schedule, and each spouse's visitation schedule.
  4. Set child support (section 4). Choose which spouse pays, how often, and the amount.
  5. Set spousal support (section 5). Enter the paying spouse, the payment schedule, and the amount, or leave the lines blank if neither spouse pays.
  6. Assign the family home (section 6). Write the address of the home, the spouse who keeps it, and the new address of the spouse who moves.
  7. Divide debts, property, and insurance (sections 7 to 9). List the debts each spouse pays, the personal property each spouse receives, and the policies each spouse maintains.
  8. Read the closing clauses (sections 10 to 18). These cover amendments, binding effect, governing law, a change of residence, confidentiality, and signing in counterparts.
  9. Sign and date (pages 7 and 8). Both spouses sign and date page 7. Page 8 is a notary acknowledgment, so ask the clerk whether your court wants it completed.

To complete the downloaded file on a screen, use our online PDF editor. Many spouses have a lawyer read the finished document before they sign, especially when children, a home, or retirement accounts are involved.

Indiana Divorce Settlement Agreement Laws

Indiana law lets spouses settle a divorce with a written agreement of their own. If the court approves it, the terms are incorporated and merged into the divorce decree, and the spouses are ordered to perform them. The rules below come from Section 31-15-2-17 of the Indiana Code, and each one points to its source.[1.1]

Topics the Agreement Can Cover

The statute says its goal is to promote amicable settlements of disputes between spouses ending a marriage. To that end, the parties may agree in writing to provisions for:

  • The maintenance (financial support) of either spouse.
  • The disposition of any property owned by either or both spouses.
  • The custody and support of the children of the spouses.
  • The relocation of the children of the spouses.

These four topics map to sections 3 to 9 of the FormsPal template.[1.1]

Court Approval of the Agreement

The agreement does not take effect in the decree by itself. The statute ties the next step to court approval:

The terms of the agreement, if approved by the court, shall be incorporated and merged into the decree and the parties shall be ordered to perform the terms.

Ind. Code § 31-15-2-17

In plain words, once the court approves the agreement, its terms become part of the decree and the spouses must carry them out.[1.1]

Signing a settlement agreement does not finish the divorce. The terms go into the decree only if the court approves them.[1.1]

Changing the Agreement Later

Property terms get special treatment once they are in the decree. Here is how the statute puts it:

The disposition of property settled by an agreement described in subsection (a) and incorporated and merged into the decree is not subject to subsequent modification by the court, except as the agreement prescribes or the parties subsequently consent.

Ind. Code § 31-15-2-17(c)

In plain words, the court cannot change the property terms later. There are two exceptions, shown in the table.[1.2]

SituationWhat the statute says
Property terms settled by agreement and merged into the decreeThe court cannot modify them later.
The agreement itself allows a changeA change is possible as the agreement prescribes.
Both spouses agree to a change laterA change is possible because the parties subsequently consent.

Because the court will not reopen property terms on its own, read that part of your document twice before you sign.

Popular Local Marital Settlement Agreement Forms

A marital settlement agreement, also known as a mediated separation agreement, is a powerful document that might help you settle the divorce and eliminate undesired stress. Listed here are the states the residents of which search for this template the most.


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Filing for Divorce in Indiana With a Settlement Agreement

Filing is the step where your state of Indiana divorce papers go to the court. A settlement agreement is one part of that process, not a replacement for it. The steps below describe common practice, not Indiana deadlines or requirements, so ask the court clerk or an attorney about the exact steps and timing for your case.

  1. Find your court. Start with the clerk in your county. The Indiana Judiciary website publishes a Directory of Courts and Clerks with contact details for each county.
  2. File the petition. In practice, one spouse starts the case by filing a petition for dissolution of marriage. The clerk can tell you which other forms go with it and what the filing fee is.
  3. Share the papers. Your spouse needs copies of what you file. Ask the clerk how to hand them over properly.
  4. Agree on the terms. Spouses who agree can record property, debts, support, and custody in one written document. The template above is a starting point. If you cannot agree, a neutral mediator can help you work through the open issues.
  5. Sign the agreement. Print the finished document and have both spouses sign it. The template includes a notary acknowledgment page, so ask the clerk whether your court wants it notarized.
  6. Give the agreement to the court. The court reviews it. If the court approves the terms, they are incorporated and merged into the decree.[1.1]
  7. Prepare for a hearing if needed. In practice, a judge may ask questions about your papers. Bring a signed copy of the agreement and anything else the clerk asks for.

Frequently Asked Questions

The answers about court approval and property terms come from Section 31-15-2-17 of the Indiana Code, the statute listed under Sources. The remaining answers describe the language of the FormsPal template itself, so compare them with your own copy of the document before relying on them.

Why Choose a Marital Settlement Agreement?

The statute says its aim is to promote amicable settlements of disputes between spouses. It lets them agree in writing on maintenance, property, custody and support of their children, and relocation of the children.[1.1] An agreement puts all of those points in one document.

Does the Court Have to Approve the Agreement?

Yes, for the terms to reach the decree. The statute says the terms of the agreement, if approved by the court, are incorporated and merged into the decree. The court then orders the spouses to perform the terms.[1.1]

Can You Change the Property Terms After the Divorce?

Not through the court. Once the property terms are incorporated and merged into the decree, the statute says they are not subject to subsequent modification by the court. The exceptions are a change the agreement itself prescribes and a change the parties later consent to.[1.2]

What Happens if the Divorce Does Not Go Through?

Section 1.3 of the template says the agreement takes effect on the date of signature, on the condition that the marriage is dissolved. If the dissolution does not take place, the template says the agreement is null and void. Ask the court clerk or an attorney how this plays out in your case.

The template does not say a lawyer is required. Section 2.2 states that both spouses reviewed the agreement with independent legal counsel and understand its legal effect. If neither of you has had a lawyer read it, think about doing so before you sign.

What if a Spouse Moves to Another State?

Section 14 of the template covers this. If the spouses move to another state, they agree to consult an attorney in the new state about any problems the agreement may cause there. The template adds that it may be reformed by mandatory arbitration if either spouse asks.

How Do You Amend the Agreement After Signing?

Under section 10 of the template, the agreement can be amended or ended only by a written instrument signed by both spouses. The template also says oral promises do not bind either spouse. The statute's rule on property terms in the decree is a separate matter, covered above.

Where Can You Get an Indiana Divorce Settlement Agreement Form?

Use the template on this page, titled Indiana Marital Separation Agreement. You have two ways to use it:

  • Fill it out online with the form builder at the top of the page.
  • Download the PDF and complete it on a screen or by hand.

Either way, the finished document has a signature page for both spouses.

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Other Indiana Forms
Check out our tool to customize any template available on our website to your requirements. Here is a list of other popular Indiana documents we provide.

General information, not legal or tax advice.

Sources

  1. Ind. Code § 31-15-2-17.
    • 1.1 § 31-15-2-17
    • 1.2 § 31-15-2-17(c)
Published: May 27, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.