A Maryland marital settlement agreement is a written document in which spouses record how they will handle alimony, support, property, and other personal matters. Maryland law lets a husband and wife make a valid and enforceable agreement on these topics.[2] Our free marital settlement agreement Maryland form is below. Fill it out online or download the PDF. The template is titled Maryland Marital Separation Agreement.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Maryland law. If you notice an error or outdated information, please contact us.
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The spouses decide what goes into their own agreement. The FormsPal divorce template runs eight pages and has 18 numbered sections. It also has a signature page for each spouse and a notary acknowledgment page. Every section is a blank to fill in, so you can complete all of them or leave out terms that do not apply.
| Part of the template | Sections | What you fill in |
|---|---|---|
| Introduction | 1.1 to 1.3 | The names of both spouses, the purpose of the agreement, and the effective date |
| Disclosures | 2.1 to 2.4 | Each spouse's separate property, the financial disclosure, and the informed consent statement |
| Children | 3.1 to 3.7 | Each child's name, date of birth, and Social Security number, where each child lives, and the custody and visitation schedules |
| Child support | 4.1 and 4.2 | Which parent pays, how much, and how often |
| Spousal support | 5.1 and 5.2 | Which spouse pays, how much, and on what schedule |
| Residence | 6 | The address of the family home and who keeps it |
| Debts and expenses | 7 | The obligations each spouse agrees to pay |
| Personal property | 8 | The items that go to each spouse |
| Insurance | 9 | The life, health, and other policies each spouse maintains |
| Closing terms | 10 to 18 | Amendments, binding effect, severability, governing law, change of residence, other instruments, acknowledgments, confidentiality, and counterparts |
| Signatures and notary | Pages 7 and 8 | Each spouse signs, and a notary public completes the acknowledgment |
Read section 1.3 of the template before you sign. Under its own terms, the agreement takes effect on the date of signature, but only if the marriage actually ends. If the marriage does not end, the agreement is null and void.
Section 8-101 of the Maryland Family Law Article says a husband and wife may make a valid and enforceable deed or agreement. It can relate to alimony, support, property rights, or personal rights.[2] Two more sections matter here. Section 8-105 covers enforcement after a decree, and Section 8-205 covers marital property.
Section 8-105 covers provisions of an agreement that are merged into a divorce decree. The statute says:
The court may enforce by power of contempt the provisions of a deed, agreement, or settlement that are merged into a divorce decree.
In plain words, those merged provisions can be enforced through the court's contempt power.[1]
Section 8-205 covers marital property. First the court determines which property is marital property and what it is worth. Then the court may transfer ownership of an interest in property, grant a monetary award, or both. This adjusts the equities and rights of the parties concerning marital property. It may do so whether or not alimony is awarded.[3]
Keep this in mind when you draft your own terms for the home, accounts, and debts.
The court decides the amount and the method of payment of a monetary award, or the terms of a transfer of an interest in property, or both. It does so only after it considers each of these factors:[3]
Popular Local Marital Settlement Agreement Forms
While it’s not required to write a marital settlement agreement, doing this can give you a couple of benefits: extra confidence in your post-marital life and significantly less pain in court. Here’s a list of this sort of local agreements searched the most by our site visitors.
A settlement agreement works best when it answers the questions spouses would otherwise argue about later. Talk through each topic below before you fill in the form. Write down the numbers and dates both parties agree on, and keep the wording plain so that both parties read it the same way.
Couples often weigh a few points when they talk about spousal support. Section 5 of the template then records the amount in dollars, the payment schedule, and the end date.
Under Section 11-102 of the Maryland Family Law Article, the court may award alimony pendente lite, meaning alimony while the case is pending, to either spouse in a proceeding for divorce, alimony, or annulment, except in one situation that section describes.[5] Under Section 11-106, the court may also award alimony for a period beginning from the filing of the pleading that requests alimony.[6]
If you have a child or children, the agreement can say where they live and how much time each parent spends with them. Many parents work out a monthly child support amount by looking at the number of children, each parent's earnings, medical costs, and the time each parent spends with the children. Sections 3 and 4 of the template are built for these terms.
Under Section 12-204 of the Maryland Family Law Article, the basic child support obligation is determined using the statute's schedule of basic child support obligations.[4]
List the family home, vehicles, accounts, and personal belongings, and say who keeps each item. Do the same for debts and name who pays them. Add health insurance and other coverage too. Describe each item clearly enough that a stranger could identify it.
FormsPal helps you prepare the settlement agreement, not the court filings. Court forms, fees, and steps can change, so ask your local court clerk what to file before you go. The steps below cover the agreement itself, from gathering information to signing.
Under Section 7-101 of the Maryland Family Law Article, if the grounds for the divorce occurred outside Maryland, a spouse may not apply for a divorce unless one of the spouses has lived in Maryland for at least 6 months before the application is filed.[7]
Under Section 7-103 of the Maryland Family Law Article, the court may grant an absolute divorce on one of three grounds: a 6-month separation, irreconcilable differences, or mutual consent. The separation ground applies when the spouses have lived separate and apart without interruption for 6 months before the application for divorce is filed. The mutual consent ground requires, among other conditions, a written settlement agreement signed by both spouses that resolves alimony, the distribution of property, and the care, custody, access, and support of minor or dependent children.[8]
A marital settlement agreement is a written agreement in which spouses settle the terms of their separation or divorce. In Maryland, a husband and wife may make a valid and enforceable agreement that relates to alimony, support, property rights, or personal rights.[2]
Yes, in the right case. Section 8-205 says the court may reduce a monetary award to a judgment, to the extent that any part of the award is due and owing.[3]
Other Marital Settlement Agreement Forms by State
General information, not legal or tax advice.
