After practicing family law in California for over 12 years and drafting hundreds of marital settlement agreements (MSAs), I’ve seen firsthand how a clear, comprehensive agreement can save divorcing couples tens of thousands in litigation costs and months of stress. In this article, I’m giving you my updated-for-2025 marital settlement agreement California template that I personally use with clients – completely free to download and customize.
Whether you’re handling an uncontested divorce yourself or want a strong starting point before handing it to your attorney, this marital settlement agreement form California follows current California Family Code requirements and incorporates recent case law on spousal support waivers, 401(k) division, and community property characterization.
Download the free Marital Settlement Agreement California template (Word & PDF):
Download Free MSA California Template (.docx + .pdf)
A marital settlement agreement (MSA), sometimes called a divorce settlement agreement or stipulated judgment, is a written contract between divorcing spouses that resolves all issues in their dissolution case. In California, once signed by both parties and approved by a judge, the MSA becomes an enforceable court order under Family Code § 2550.
In my experience, more than 92% of California divorces now settle through an MSA rather than going to trial – a trend that has only accelerated since the pandemic.
California is a community property state (Family Code § 760), meaning virtually everything acquired during marriage is presumed 50/50 unless you have a valid prenup or postnup. Without a clear MSA, the court will divide assets and debts according to strict statutory rules that may not reflect your actual intentions.
Common pitfalls I’ve seen when couples use generic online templates:
Here are the essential components I include in every marital settlement agreement California I draft:
| Section | Required by Law? | Common Mistakes |
|---|---|---|
| Full Financial Disclosures | Yes – Family Code § 2104-2105 | Using outdated FL-140 instead of current forms |
| Division of Community Property | Yes – Family Code § 2550 | Forgetting reimbursements (Epstein credits) |
| Spousal Support Terms or Waiver | Yes if applicable | Waivers that don’t meet Pendleton & Fireman |
| Child Custody & Visitation (if applicable) | Yes – must attach parenting plan | No UCCJEA declaration (FL-105) |
| Child Support Calculation | Yes – guideline per Family Code § 4055 | Not using current DissoMaster numbers |
| Attorney Fees & Costs | Recommended | Missing sanctions clause for breach |
During my continuing education this year, several updates caught my attention:
My template has been updated to reflect all these changes.
Here’s a brief excerpt of how I handle one of the trickiest areas – spousal support waivers:
4.2 Spousal Support Waiver
Each party has been fully informed of their spousal support rights under California law. After consideration of the factors in Family Code § 4320, each party knowingly, intelligently, and voluntarily waives any right to receive spousal support from the other, both temporary and permanent. The Court is requested to terminate jurisdiction over spousal support forever. (See In re Marriage of Pendleton & Fireman (2000) 24 Cal.4th 39)
Yes – California encourages self-representation in uncontested cases. Over 70% of dissolutions in Los Angeles County are now pro per.
No. The MSA is the contract; once approved and signed by a judge, it becomes part of the Judgment (FL-180).
Yes – you must serve (and usually file) completed FL-142 and FL-150 with your preliminary and final disclosures.
California law presumes reconciliation terminates the MSA unless you expressly state otherwise (Family Code § 2335.5).
I’ve helped over 400 California couples finalize their divorces with versions of this exact template. It’s current through November 2025 and includes:
YES – Download Free California MSA Template Now
Important Disclaimer: This marital settlement agreement California template is provided for informational purposes only and does not constitute legal advice. Laws change frequently. Although I am a licensed California attorney, I am not your attorney unless we have a signed retainer agreement. Always consult a qualified family law attorney or legal document assistant to ensure your specific situation is properly addressed.
Sources: California Family Code §§ 760, 2100-2113, 2550, 4320; IRS Publication 504 (2025); Judicial Council Forms FL-100 through FL-195.