Part III
EMPLOYMENT, MAINTENANCE, HEALTH INSURANCE, MARITAL ASSETS, DEBTS, AND EQUITABLE DISTRIBUTION
EMPLOYMENT AND MAINTENANCE
The parties acknowledge that the Husband [Husband-presentlyemployed] presently employed. If employed Husband’s occupation is [Husbands-occupation] and that he is employed by: [Husbands-employer] . Husband [Husband-selfsupporting] presently able to be self-supporting and [Husband-publiccharge] imminently in danger of becoming a public charge. The parties also acknowledge that the Wife [Wife-presentlyemployed] presently employed. If employed Wife’s occupation is [Wifes-occupation] and that she is employed by: [Wifes-employer]. Wife [Wife-selfsupporting] presently able to be self-supporting and [Wife-publiccharge] imminently in danger of becoming a public charge. In the last filed income tax return the parties claimed combined gross joint income for federal tax purposes of [Joint-income] with [Husbands-income] attributed to Husband’s employment and [Wifes-income] attributed to Wife’s employment.
In addition, the parties had rental or nonrecurring income of: [Income-other] from the following source: [textarea Income-other “Nonrecurring or rental income.”]
Based on the foregoing the parties have agreed that maintenance of [Maintenance-weeklypayment] shall be paid by [Maintenance-payor] to [Maintenance-payee] for a period of [Maintenance-numberweekspayable] weeks.
The basis for this agreement on maintenance is: [Maintenance-Reason]
If any amounts are paid pursuant to the paragraph from one party to the other they shall be deductible by the payor and included in the gross income of the payee for purposes of federal income taxes. Payments shall cease upon the death or remarriage of the payee. Amounts paid as Maintenance shall not be construed as a distributive award, to the full extent allowed by law.
In any event, the parties expressly acknowledge that they are aware of the following guideline maintenance formula that a court could use to calculate how much maintenance should be paid.
Notice of Guideline Maintenance for Uncontested Divorce
If your divorce was commenced on or after January 25, 2016, this Notice is required to be given to you by the Supreme Court of the county where your divorce was filed to comply with the Maintenance Guidelines Law ([S. 5678/A. 7645], Chapter 269, Laws of 2015) because you may not have counsel in this action to advise you. It does not mean that your spouse (the person you are married to) is seeking or offering an award of “Maintenance” in this action. “Maintenance” means the amount to be paid to the other spouse for support after the divorce is final.
You are hereby given notice that under the Maintenance Guidelines Law (Chapter 269, Laws of 2015), there is an obligation to award the guideline amount of maintenance on income up to
$178,000 to be paid by the party with the higher income (the maintenance payor) to the party with the lower income (the maintenance payee) according to a formula, unless the parties agree otherwise or waive this right. Depending on the incomes of the parties, the obligation might fall on either the Plaintiff or Defendant in the action.
There are two formulas to determine the amount of the obligation. If you and your spouse have no child(ren)ren, the higher formula will apply. If there are child(ren)ren of the marriage, the lower formula will apply, but only if the maintenance payor is paying child(ren) support to the other spouse who has the child(ren)ren as the custodial parent. Otherwise, the higher formula will apply.
Lower Formula
1-Multiply Maintenance Payor’s Income by 20% . 2- Multiply Maintenance Payee’s Income by 25% . Subtract Line 2 from Line 1: = Result 1
Subtract Maintenance Payor’s Income from 40 % of Combined Income* = Result 2.
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero.
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE LOWER FORMULA
Higher Formula
1-Multiply Maintenance Payor’s Income by 30% 2- Multiply Maintenance Payee’s Income by 20% Subtract Line 2 from Line 1= Result 1
Subtract Maintenance Payor’s Income from 40 % of Combined Income*= Result 2
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE HIGHER FORMULA
*Combined Income equals Maintenance Payor’s Income up to $178,000 plus Maintenance Payee’s Income
Note: The Court will determine how long maintenance will be paid in accordance with the statute.
The parties acknowledge that there is a calculator online that can be utilized to calculate the amount of spousal support and child support that the court could order to be paid.
https://www.nycourts.gov/divorce/MaintenanceChildSupportTools.shtml
WAIVER OF MAINTENANCE – Based upon all relevant factors, including the responsibilities and obligations of the parties as set forth herein, the parties have, therefore, agreed to the provisions of maintenance provided in this agreement which may include their waiver of the right to seek the payment of maintenance from the other party.
HEALTH INSURANCE
Husband’s Health Insurance
Wife’s Health Insurance
(A) [Health-insuranceselection]
(B) DOMESTIC RELATIONS LAW, SECTION 255 – Both parties fully understand that upon entering into the within Agreement, they may no longer be allowed to receive health coverage under their former spouse’s health insurance plan. The Husband or the Wife, as the case may be, may be entitled to purchase health insurance on their own through a COBRA option, if available; otherwise, that party may be required to secure their own health insurance.
(C) UNINSURED CHILD(REN) HEALTH AND DENTAL EXPENSES – The parties agree to divide uninsured health and dental expenses or their CHILD(REN) of the marriage, in proportion to their earned income.
MARITAL ASSETS, DEBTS, AND EQUITABLE DISTRIBUTION
The parties make the following provision for equitable distribution of all their marital assets and debts, to wit:
BANK ACCOUNTS
The parties agree that they have [Bankaccount-Number] bank account(s) and that they shall be apportioned between the parties according to the following. The parties also agree that any accounts not listed here have a negligible balance and that they shall, therefore, be deemed the sole and separate property of the party to whom they are presently title to.
[Bank-0accounts]
The parties have no bank accounts in their names or the join names of the parties.
[/Bank-0accounts]
[Bank-1accounts]
Bank Account 1
The parties currently have a [Account1-type] account at [Account1-bankname] that is in the name of the [Account1-owner] with an approximate balance as of the date of this agreement of [Account1-balance]. The parties agree that this account shall be deemed the sole and separate property of the [Account1-newowner].
[/Bank-1accounts]
[Bank-2accounts]
Bank Account 1
The parties currently have a [Account1-type] account at [Account1-bankname] that is in the name of the [Account1-owner] with an approximate balance as of the date of this agreement of [Account1-balance]. The parties agree that this account shall be deemed the sole and separate property of the [Account1-newowner].
Bank Account 2
The parties currently have a [Account2-type] account at [Account2-bankname] that is in the name of the [Account2-owner] with an approximate balance as of the date of this agreement of [Account2-balance]. The parties agree that this account shall be deemed the sole and separate property of the [Account2-newowner].
[/Bank-2accounts]
[Bank-3accounts]
Bank Account 1
The parties currently have a [Account1-type] account at [Account1-bankname] that is in the name of the [Account1-owner] with an approximate balance as of the date of this agreement of [Account1-balance]. The parties agree that this account shall be deemed the sole and separate property of the [Account1-newowner].
Bank Account 2
The parties currently have a [Account2-type] account at [Account2-bankname] that is in the name of the [Account2-owner] with an approximate balance as of the date of this agreement of [Account2-balance]. The parties agree that this account shall be deemed the sole and separate property of the [Account2-newowner].
Bank Account 3
The parties currently have a [Account3-type] account at [Account3-bankname] that is in the name of the [Account3-owner] with an approximate balance as of the date of this agreement of [Account3-balance]. The parties agree that this account shall be deemed the sole and separate property of the [Account3-newowner].
[/Bank-3accounts]
[Bank-4accounts]
Bank Account 1
The parties currently have a [Account1-type] account at [Account1-bankname] that is in the name of the [Account1-owner] with an approximate balance as of the date of this agreement of [Account1-balance]. The parties agree that this account shall be deemed the sole and separate property of the [Account1-newowner].
Bank Account 2
The parties currently have a [Account2-type] account at [Account2-bankname] that is in the name of the [Account2-owner] with an approximate balance as of the date of this agreement of [Account2-balance]. The parties agree that this account shall be deemed the sole and separate property of the [Account2-newowner].
Bank Account 3
The parties currently have a [Account3-type] account at [Account3-bankname] that is in the name of the [Account3-owner] with an approximate balance as of the date of this agreement of [Account3-balance]. The parties agree that this account shall be deemed the sole and separate property of the [Account3-newowner].
Bank Account 4
The parties currently have a [Account4-type] account at [Account4-bankname] that is in the name of the [Account4-owner] with an approximate balance as of the date of this agreement of [Account4-balance]. The parties agree that this account shall be deemed the sole and separate property of the [Account4-newowner].
[/Bank-4accounts]
All other bank accounts that are in the parties respective names and that have been openly disclosed to the other party shall be deemed the sole and separate property in whose name the account is currently titled to. Unless otherwise decided by the parties, the value of the above accounts has been and/or will be equally divided between the parties to there mutual satisfaction.
REAL ESTATE
The parties agree that they have own [Parcel-number] parcels of real estate and that they shall be apportioned between the parties according to the following.
[Parcel-none]
The parties do not own Real Estate.
[/Parcel-none]
[Parcel-numberone]
Real Estate 1
The parties own real estate commonly known to them as: [Property1-description] and that is titled in the [Property1-titleowner] and it [Property1-dateacquired] acquired by the parties during the marriage. The parties agree that this property [Property1-maritalproperty] marital property. The parties further agree that it has a current fair market value of [Property1-fmv] and is subject to a mortgage or other debt in the amount of [Property1-debt]. The parties have agreed to the following with respect to this property: [Property1-disposition]
[/Parcel-numberone]
[Parcel-numbertwo]
Real Estate 1
The parties own real estate commonly known to them as: [Property1-description] and that is titled in the [Property1-titleowner] and it [Property1-dateacquired] acquired by the parties during the marriage. The parties agree that this property [Property1-maritalproperty] marital property. The parties further agree that it has a current fair market value of [Property1-fmv] and is subject to a mortgage or other debt in the amount of [Property1-debt]. The parties have agreed to the following with respect to this property: [Property1-disposition]
Real Estate 2
The parties own real estate commonly known to them as: [Property2-description] and that is titled in the [Property2-titleowner] and it [Property2-dateacquired] acquired by the parties during the marriage. The parties agree that this property [Property2-maritalproperty] marital property. The parties further agree that it has a current fair market value of [Property2-fmv] and is subject to a mortgage or other debt in the amount of [Property2-debt]. The parties have agreed to the following with respect to this property: [Property2-disposition]
[/Parcel-numbertwo]
[Parcel-numberthree]
Real Estate 1
The parties own real estate commonly known to them as: [Property1-description] and that is titled in the [Property1-titleowner] and it [Property1-dateacquired] acquired by the parties during the marriage. The parties agree that this property [Property1-maritalproperty] marital property. The parties further agree that it has a current fair market value of [Property1-fmv] and is subject to a mortgage or other debt in the amount of [Property1-debt]. The parties have agreed to the following with respect to this property: [Property1-disposition]
Real Estate 2
The parties own real estate commonly known to them as: [Property2-description] and that is titled in the [Property2-titleowner] and it [Property2-dateacquired] acquired by the parties during the marriage. The parties agree that this property [Property2-maritalproperty] marital property. The parties further agree that it has a current fair market value of [Property2-fmv] and is subject to a mortgage or other debt in the amount of [Property2-debt]. The parties have agreed to the following with respect to this property: [Property2-disposition]
Real Estate 3
The parties own real estate commonly known to them as: [Property3-description] and that is titled in the [Property3-titleowner] and it [Property3-dateacquired] acquired by the parties during the marriage. The parties agree that this property [Property3-maritalproperty] marital property. The parties further agree that it has a current fair market value of [Property3-fmv] and is subject to a mortgage or other debt in the amount of [Property3-debt]. The parties have agreed to the following with respect to this property: [Property3-disposition]
[/Parcel-numberthree]
[Parcel-numberfour]
Real Estate 1
The parties own real estate commonly known to them as: [Property1-description] and that is titled in the [Property1-titleowner] and it [Property1-dateacquired] acquired by the parties during the marriage. The parties agree that this property [Property1-maritalproperty] marital property. The parties further agree that it has a current fair market value of [Property1-fmv] and is subject to a mortgage or other debt in the amount of [Property1-debt]. The parties have agreed to the following with respect to this property: [Property1-disposition]
Real Estate 2
The parties own real estate commonly known to them as: [Property2-description] and that is titled in the [Property2-titleowner] and it [Property2-dateacquired] acquired by the parties during the marriage. The parties agree that this property [Property2-maritalproperty] marital property. The parties further agree that it has a current fair market value of [Property2-fmv] and is subject to a mortgage or other debt in the amount of [Property2-debt]. The parties have agreed to the following with respect to this property: [Property2-disposition]
Real Estate 3
The parties own real estate commonly known to them as: [Property3-description] and that is titled in the [Property3-titleowner] and it [Property3-dateacquired] acquired by the parties during the marriage. The parties agree that this property [Property3-maritalproperty] marital property. The parties further agree that it has a current fair market value of [Property3-fmv] and is subject to a mortgage or other debt in the amount of [Property3-debt]. The parties have agreed to the following with respect to this property: [Property3-disposition]
Real Estate 4
The parties own real estate commonly known to them as: [Property4-description] and that is titled in the [Property4-titleowner] and it [Property4-dateacquired] acquired by the parties during the marriage. The parties agree that this property [Property4-maritalproperty] marital property. The parties further agree that it has a current fair market value of [Property4-fmv] and is subject to a mortgage or other debt in the amount of [Property4-debt]. The parties have agreed to the following with respect to this property: [Property4-disposition]
[/Parcel-numberfour]
MOTOR VEHICLES
The parties agree that the motor vehicles that they own, including sport and recreational vehicles, and trailers and the responsibility for the debt associated with said vehicle shall be distributed according to this paragraph and the party to who the asset is transferred shall be solely responsible for said vehicle and the debt associated therewith.
The parties agree that they own [Auto-number] motor vehicle(s). For purposes of this paragraph the word “motor vehicle” shall refer to Automobiles, Trucks, Trailers, Boats, Motorcycles and Recreational Vehicles.
[Auto-none]
The parties do not own any Motor Vehicles.
[/Auto-none]
[Auto-numberone]
Motor Vehicle 1
The parties own a motor vehicle known to them as a: [Vehicle1-description]. This Vehicle is in the [Vehicle1-titleowner] The Vehicle [Vehicle1-dateacquired] acquired by the parties during their marriage. For purposes of this agreement, the parties agree that this Vehicle [Vehicle1-maritalproperty] considered marital property. The vehicles current fair market value is: [Vehicle1-fmv]. The Vehicle is subject to a debt in the amount of [Vehicle1-debt]. The parties have agreed to the following with respect to this Vehicle: [Vehicle1-disposition]
[/Auto-numberone]
[Auto-numbertwo]
Motor Vehicle 1
The parties own a motor vehicle known to them as a: [Vehicle1-description]. This Vehicle is in the [Vehicle1-titleowner] The Vehicle [Vehicle1-dateacquired] acquired by the parties during their marriage. For purposes of this agreement, the parties agree that this Vehicle [Vehicle1-maritalproperty] considered marital property. The vehicles current fair market value is: [Vehicle1-fmv]. The Vehicle is subject to a debt in the amount of [Vehicle1-debt]. The parties have agreed to the following with respect to this Vehicle: [Vehicle1-disposition]
Motor Vehicle 2
The parties own a motor vehicle known to them as a: [Vehicle2-description]. This Vehicle is in the [Vehicle2-titleowner] The Vehicle [Vehicle2-dateacquired] acquired by the parties during their marriage. For purposes of this agreement, the parties agree that this Vehicle [Vehicle2-maritalproperty] considered marital property. The vehicles current fair market value is [Vehicle2-fmv]. The Vehicle is subject to a debt in the amount of [Vehicle2-debt]. The parties have agreed to the following with respect to this Vehicle: [Vehicle2-disposition]
[/Auto-numbertwo]
[Auto-numberthree]
Motor Vehicle 1
The parties own a motor vehicle known to them as a: [Vehicle1-description]. This Vehicle is in the [Vehicle1-titleowner] The Vehicle [Vehicle1-dateacquired] acquired by the parties during their marriage. For purposes of this agreement, the parties agree that this Vehicle [Vehicle1-maritalproperty] considered marital property. The vehicles current fair market value is: [Vehicle1-fmv]. The Vehicle is subject to a debt in the amount of [Vehicle1-debt]. The parties have agreed to the following with respect to this Vehicle: [Vehicle1-disposition]
Motor Vehicle 2
The parties own a motor vehicle known to them as a: [Vehicle2-description]. This Vehicle is in the [Vehicle2-titleowner] The Vehicle [Vehicle2-dateacquired] acquired by the parties during their marriage. For purposes of this agreement, the parties agree that this Vehicle [Vehicle2-maritalproperty] considered marital property. The vehicles current fair market value is [Vehicle2-fmv]. The Vehicle is subject to a debt in the amount of [Vehicle2-debt]. The parties have agreed to the following with respect to this Vehicle: [Vehicle2-disposition]
Motor Vehicle 3
The parties own a motor vehicle known to them as a: [Vehicle3-description]. This Vehicle is in the [Vehicle3-titleowner] The Vehicle [Vehicle3-dateacquired] acquired by the parties during their marriage. For purposes of this agreement, the parties agree that this Vehicle [Vehicle3-maritalproperty] considered marital property. The vehicles current fair market value is [Vehicle3-fmv]. The Vehicle is subject to a debt in the amount of [Vehicle3-debt]. The parties have agreed to the following with respect to this Vehicle: [Vehicle3-disposition]
[Auto-numberfour]
Motor Vehicle 1
The parties own a motor vehicle known to them as a: [Vehicle1-description]. This Vehicle is in the [Vehicle1-titleowner] The Vehicle [Vehicle1-dateacquired] acquired by the parties during their marriage. For purposes of this agreement, the parties agree that this Vehicle [Vehicle1-maritalproperty] considered marital property. The vehicles current fair market value is: [Vehicle1-fmv]. The Vehicle is subject to a debt in the amount of [Vehicle1-debt]. The parties have agreed to the following with respect to this Vehicle: [Vehicle1-disposition]
Motor Vehicle 2
The parties own a motor vehicle known to them as a: [Vehicle2-description]. This Vehicle is in the [Vehicle2-titleowner] The Vehicle [Vehicle2-dateacquired] acquired by the parties during their marriage. For purposes of this agreement, the parties agree that this Vehicle [Vehicle2-maritalproperty] considered marital property. The vehicles current fair market value is [Vehicle2-fmv]. The Vehicle is subject to a debt in the amount of [Vehicle2-debt]. The parties have agreed to the following with respect to this Vehicle: [Vehicle2-disposition]
Motor Vehicle 3
The parties own a motor vehicle known to them as a: [Vehicle3-description]. This Vehicle is in the [Vehicle3-titleowner] The Vehicle [Vehicle3-dateacquired] acquired by the parties during their marriage. For purposes of this agreement, the parties agree that this Vehicle [Vehicle3-maritalproperty] considered marital property. The vehicles current fair market value is [Vehicle3-fmv]. The Vehicle is subject to a debt in the amount of [Vehicle3-debt]. The parties have agreed to the following with respect to this Vehicle: [Vehicle3-disposition]
Motor Vehicle 4
The parties own a motor vehicle known to them as a: [Vehicle4-description]. This Vehicle is in the [Vehicle4-titleowner] The Vehicle [Vehicle4-dateacquired] acquired by the parties during their marriage. For purposes of this agreement, the parties agree that this Vehicle [Vehicle4-maritalproperty] considered marital property. The vehicles current fair market value is: [Vehicle4-fmv]. The Vehicle is subject to a debt in the amount of [Vehicle4-debt]. The parties have agreed to the following with respect to this Vehicle: [Vehicle4-disposition] [/Auto-numberfour]
HOUSEHOLD FURNISHINGS AND PERSONAL BELONGINGS
All household furnishings and personal belongings have already been distributed by and between the parties to their mutual satisfaction, and all assets in the respective party’s possession shall hereinafter be the sole and exclusive property of the party in possession. If appropriate the parties can attach and or exchange lists of property which was and or is going to be transferred to them by the other.
RETIREMENT ACCOUNTS
The parties have disclosed information to each other and they have also made an independent inquiry about their respective retirement account(s), if any. The parties have agreed to the following division of their retirement accounts. If the parties agreement requires the division of a retirement account by a Domestic Relations Order or a Qualified Domestic relations order, then the parties agree that the costs and attorney fees to obtain those necessary orders shall be equally divided between the parties. The parties have agreed to the following: [Retirement-accounts]
TAX RETURNS
TAX RETURNS– The parties agree that they shall file their next Federal and State income tax return Married filing jointly and divide any refund and or amount owed according to the following: [Tax-returns]
Notwithstanding the foregoing, any liability for income taxes due or past due for which a spouse is qualified as an innocent spouse for federal tax purposes shall not be a parties responsibility whatsoever
CHILD DEPENDENCY EXEMPTION(S) – Unless otherwise agreed elsewhere in this agreement, it is further agreed that the parties shall not file any returns as married filing jointly after they are divorced. They have also agreed to equally share using the child(ren) or another dependent(s), if any between them equally as dependents each year on their personal tax returns.
CRYPTO CURRENCIES AND BLOCK CHAIN INVESTMENTS–The parties acknowledge and represent that they have never owned cryptocurrencies or any investments related to blockchain technology.
MARITAL AND NONMARITAL DEBT(S)
Other than as specifically agreed elsewhere in this agreement the parties agree that they shall pay the debts that are in their respective names. In addition, the parties have agreed to the following with respect to certain specific debts: [Debts-assumption]
The parties acknowledge no other outstanding indebtedness that could be considered marital debt for the parties to divide. Subsequent to the execution of this Agreement, each party shall be responsible for any debts they individually incur and neither party shall invoke the other party’s credit or incur any indebtedness for which the other party shall be hereafter liable. It shall be the obligation of each party to pay any other debt in his or her sole name incurred at any time, whether before or after the agreement, except as provided for herein. If a party has specifically assumed responsibility for a debt in the other parties name, then they shall indemnify and hold harmless the other party for said debt so assumed.
