Maryland Marital Settlement Agreement: What It Must Include

The Marital Settlement Agreement (Form CC-DR-116) is the most important document in a Maryland mutual consent divorce. It's the legally binding contract that divides your entire life — property, debts, support, custody. If it's incomplete or vague, the judge will reject it at your final hearing and send you back to fix it.

Here's what the court requires and where people make costly drafting mistakes.

Why the Settlement Agreement Matters

For mutual consent divorces, this document is everything. The judge doesn't decide how to split your assets — you and your spouse do, in writing, before you ever set foot in court. The judge's role is limited to confirming that:

1. Both parties signed voluntarily without coercion
2. The terms are not unconscionable
3. Any provisions involving children serve their best interests

If your agreement passes these checks, the judge incorporates it into the final decree as-is. If it doesn't, your hearing gets continued until you fix it.

Required Sections

Under Maryland law, a valid settlement agreement for mutual consent filing must address all of these:

Property Division

Maryland is an equitable distribution state — the court doesn't require a 50/50 split, but your agreement must explicitly state who gets what. Cover:

• Real estate (the marital home, rental properties, land)
• Vehicles
• Bank accounts and investment accounts
• Personal property of significant value
• Business interests or professional practices
• Debts and liabilities (credit cards, loans, mortgages)

For each asset, specify whether it stays with one party, gets sold and divided, or gets transferred. Don't leave anything ambiguous.

Retirement Accounts

If either spouse has a 401(k), pension, IRA, or other retirement account acquired during the marriage, your agreement must state how it's divided. If you're splitting a retirement account, note that a separate Qualified Domestic Relations Order (QDRO) will be filed post-decree to execute the division.

Alimony (Spousal Support)

You must explicitly state one of:

• The amount and duration of alimony payments
• A mutual waiver of alimony by both parties

Silence on alimony doesn't default to "waived" — it makes your agreement incomplete. If you intend no alimony, say so clearly: "Both parties voluntarily waive any claim to alimony, now and in the future."

Child Custody and Visitation

If you have minor children, include:

• Legal custody (who makes major decisions about education, healthcare, religion)
• Physical custody (primary residence and schedule)
• A detailed visitation/parenting time schedule including holidays, summers, and special occasions
• Decision-making procedures for disagreements

Child Support

State the monthly amount and attach a completed Child Support Guidelines Worksheet:

• CC-DR-030 if combined gross monthly income is $30,000 or less
• CC-DR-031 if combined gross monthly income exceeds $30,000

The worksheet isn't optional — the judge will reject your filing without it.

Common Mistakes That Get Agreements Rejected

Vague language on the marital home. "We'll figure out the house later" doesn't work. State specifically: one party keeps it and refinances within X months, or it gets listed for sale by a certain date with proceeds split in a defined ratio.

Missing debt allocation. People focus on assets and forget debts. Every joint credit card, car loan, and mortgage must be assigned to a specific party.

No provision for health insurance transition. While not legally required, judges notice when an agreement doesn't address how a dependent spouse will obtain health coverage after the divorce.

Incomplete parenting schedule. A schedule that says "reasonable visitation" is too vague. Specify which days, which holidays, pickup/dropoff times, and how travel costs are divided.

Forgetting to address life insurance. If one party pays child support or alimony, the agreement should specify whether they maintain life insurance to secure those payments.

Financial Disclosure Requirements

Before your agreement is meaningful, both parties should exchange financial information. Maryland requires filing either Form CC-DR-030 or CC-DR-031 (depending on income), which forces full disclosure of income, assets, debts, and expenses.

If your case involves complex property (business ownership, rental income, stock options), consider whether a more detailed disclosure is needed before signing your settlement.

Draft an Agreement the Court Will Accept

The Maryland Divorce Filing Process Guide includes a settlement agreement review checklist that maps every required section against Maryland's statutory requirements — so you catch gaps before the judge does.

See more Maryland guides →