Alabama Marital Settlement Agreement: What to Include and How to File

A marital settlement agreement is the backbone of every uncontested divorce in Alabama. It is the written contract where both spouses spell out exactly how they are dividing everything — property, debts, custody, support. Without it, the judge has no terms to approve, and the divorce cannot be finalized as uncontested.

Getting this document wrong is one of the most common reasons Alabama pro se cases stall.

What a Settlement Agreement Must Cover

Alabama courts expect the agreement to address every substantive issue in the marriage. Missing even one category gives the judge grounds to reject it or send you back to negotiate.

Property Division

Alabama follows equitable distribution — the court divides marital property fairly, not necessarily equally. Your agreement should list:

• Real estate (family home, investment properties) — who keeps it, how the equity is handled, whether it will be sold
• Vehicles — who retains title to each
• Bank accounts and investments — how balances are split
• Personal property — furniture, electronics, jewelry, anything of significant value
• Retirement accounts — 401(k)s, pensions, IRAs. Dividing these typically requires a Qualified Domestic Relations Order (QDRO) filed separately

Debt Allocation

Joint debts must be assigned to one spouse or split. This includes mortgages, car loans, credit cards, and student loans. The agreement should specify who is responsible for each debt.

Child Custody and Visitation

If minor children are involved, the agreement must include:

• Legal custody (who makes major decisions about education, healthcare, and religion)
• Physical custody (where the children primarily live)
• A detailed visitation schedule covering regular weeks, holidays, school breaks, and birthdays
• Transportation arrangements for custody exchanges

Under the 2026 Best Interest of the Child Protection Act, Alabama courts apply a rebuttable presumption in favor of joint custody, so your parenting plan should address shared decision-making.

Child Support

Child support must be calculated using Rule 32 of the Alabama Rules of Judicial Administration. The agreement must include completed Forms CS-41 (Income Affidavit) and CS-42 (or CS-42-S for shared custody). The calculated amount is not optional — the court will reject an agreement that deviates from the guidelines without a documented reason.

Alimony

If either spouse requests alimony, the agreement should state whether it is being waived or specify the type, amount, and duration. Under the 2017 reforms, rehabilitative alimony is capped at five years. Periodic alimony cannot exceed the length of the marriage unless the marriage lasted 20 or more years.

How to Format and Sign It

The settlement agreement must be:

• In writing (typed, not handwritten)
• Signed by both spouses
• Notarized — both signatures must be witnessed by a notary public

The signed agreement is filed with the court along with Form PS-09 (Plaintiff's Testimony) and the proposed Final Judgment of Divorce. The judge reviews the agreement and, if everything is in order, incorporates its terms into the final decree.

Common Problems That Get Agreements Rejected

• Vague language — "We'll split the house later" is not enforceable. Specify who gets what and when
• Missing child support worksheets — the agreement must include completed CS-42/CS-42-S forms showing the calculation
• Ignoring retirement accounts — if either spouse has a 401(k) or pension earned during the marriage, the agreement needs to address it
• Forgetting debts — unaddressed joint debts remain joint regardless of the divorce; creditors can still pursue either party

The Alabama Divorce Filing Process Guide includes a section-by-section breakdown of the settlement agreement, with guidance on how to draft each section to satisfy the court's requirements. Get the complete guide.

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