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.
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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.
The screenshots under each step show the FormsPal Indiana divorce settlement agreement template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and other entries are examples only.
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.
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 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 and other sections of the Indiana Code, and each one points to its source.[1.1]
Article 15 of Title 31 of the Indiana Code provides the grounds and procedures for dissolution of marriage, the disposition of property, separation agreements, and temporary legal separation.[1.3] Under Section 31-15-8-1 of the Indiana Code, the support of children and other dependents is governed by Article 16 of Title 31.[1.4]
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:
These four topics map to sections 3 to 9 of the FormsPal template.[1.1]
Under Section 31-15-7-1 of the Indiana Code, the court may order maintenance for a spouse in a dissolution or legal separation decree after making the findings required by Section 31-15-7-2.[1.5] Those findings cover an incapacitated spouse, a spouse without sufficient property who must forgo work to care for an incapacitated child, and rehabilitative maintenance for up to three years.[1.6]
Under Section 31-15-7-4 of the Indiana Code, the court must divide the spouses' property in a just and reasonable manner. The property divided includes property owned by either spouse before the marriage, property acquired by either spouse in his or her own right after the marriage and before final separation, and property acquired by their joint efforts.[1.7]
Under Section 31-15-7-5 of the Indiana Code, the court presumes that an equal division of the marital property is just and reasonable. A spouse may rebut that presumption with relevant evidence, including evidence on each spouse's contribution, property acquired before the marriage or by gift or inheritance, each spouse's economic circumstances, conduct related to the disposition or dissipation of property, and earnings or earning ability.[1.8]
Section 31-17-2-8 of the Indiana Code governs custody orders. The court must decide custody in the best interests of the child, and there is no presumption favoring either parent. The factors the court considers include the child's age and sex, the wishes of the parents and the child, the child's relationships and adjustment, the mental and physical health of everyone involved, and evidence of a pattern of domestic or family violence by either parent.[1.9]
Under Section 31-16-6-1 of the Indiana Code, the court may order one or both parents to pay reasonable child support after considering all relevant factors. These include the custodial parent's financial resources, the standard of living the child would have enjoyed if the marriage had not been dissolved, the child's physical or mental condition and educational needs, and the noncustodial parent's financial resources and needs.[1.10]
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.
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]
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.
In plain words, the court cannot change the property terms later. There are two exceptions, shown in the table.[1.2]
| Situation | What the statute says |
|---|---|
| Property terms settled by agreement and merged into the decree | The court cannot modify them later. |
| The agreement itself allows a change | A change is possible as the agreement prescribes. |
| Both spouses agree to a change later | A 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.
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.
Under Section 31-15-2-6 of the Indiana Code, at least one spouse must have been an Indiana resident, or stationed at a United States military installation in Indiana, for six months immediately before the petition is filed. At least one spouse must also have been a resident of, or stationed at a military installation in, the county where the petition is filed for three months immediately before filing. A guardian the court has authorized to file for an incapacitated spouse may instead file in the guardian's own county after living there for at least three months.[1.11]
Under Section 31-15-2-3 of the Indiana Code, a dissolution of marriage is granted only when the court finds one of four grounds. The grounds are irretrievable breakdown of the marriage, a felony conviction of either spouse after the marriage, impotence existing at the time of the marriage, and incurable insanity of either spouse for at least two years.[1.12]
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.
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.
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]
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]
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.
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.
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.
Use the template on this page, titled Indiana Marital Separation Agreement. You have two ways to use it:
Either way, the finished document has a signature page for both spouses.
Other Marital Settlement Agreement Forms by State
General information, not legal or tax advice.
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.