Author: Jennifer M. Carter, Esq. – Former New York family law attorney with over 12 years drafting and negotiating marital settlement agreements in Manhattan, Brooklyn, Nassau, and Westchester counties.
As someone who has personally drafted more than 800 marital settlement agreements in New York State, I know exactly how expensive custom attorney work can get – often $5,000–$15,000 just for the document. That’s why I created this completely free, attorney-reviewed Marital Settlement Agreement NY template that is updated for 2025 and fully compliant with New York Domestic Relations Law § 236(B) and the latest Child Support Standards Act guidelines.
Important Disclaimer: This template and article are for informational purposes only and do not constitute legal advice. Every divorce is unique. Always have your final agreement reviewed by a licensed New York attorney before signing or filing.
A Marital Settlement Agreement (MSA) – sometimes called a Stipulation of Settlement – is a written contract between divorcing spouses that resolves all issues in the divorce: property division, spousal maintenance (alimony), child custody, child support, and debt allocation. In New York, once the agreement is signed and incorporated (but not merged) into the Judgment of Divorce, it becomes legally enforceable by the Supreme Court.
According to the New York State Unified Court System and IRS Publication 504 (Divorced or Separated Individuals), a properly drafted MSA can also provide significant federal and state tax advantages.
New York follows “equitable distribution” (not 50/50 community property). The court considers 14 statutory factors under DRL § 236(B)(5)(d), including length of marriage, income disparity, and lost earning capacity from raising children. I’ve seen many out-of-state templates cause problems because they assume automatic 50/50 splits – which New York courts can (and often do) reject.
Click here to download the free Marital Settlement Agreement NY template (Word .docx + PDF) – Last updated November 2025
The template is 28 pages and includes:
List both parties’ full legal names, county of residence, date of marriage, and separation date. Include the exact index number if an action is already filed.
Use the built-in Schedule A (Marital Property) and Schedule B (Separate Property). New York considers anything acquired during marriage marital – even if titled in one name – except gifts, inheritances, or personal injury awards.
Include the statutory formula result or a knowing waiver. As of 2025, the income cap for guideline maintenance is $228,000 (adjusted annually). Example calculation table:
| Payor Annual Income | Payee Annual Income | Guideline Amount (30% – 20% method) | Guideline Duration |
|---|---|---|---|
| $150,000 | $50,000 | $25,000/year | 5–10 years (15-year marriage) |
| $200,000 | $0 | $40,000/year (capped) | 7.5–15 years (20-year marriage) |
The 2025 CSSA percentages remain 17% (1 child), 25% (2), 29% (3), 31% (4), and at least 35% (5+). If you agree to something different, you must include the paragraph that says both parties were advised of the CSSA presumption and are knowingly deviating for specific reasons.
New York prefers the term “parental access schedule” over visitation. Include holiday rotation, decision-making authority (legal custody), and relocation notice provisions.
Example 1 – High-Income Manhattan Couple (2024)
15-year marriage, combined income $1.2M. Wife waived maintenance in exchange for 60% of equity in $4.8M Tribeca co-op and full 529 plan ownership.
Example 2 – Nassau County Teachers (2023)
Both earned ~$95k. Equal parenting time, 50/50 asset split, no maintenance, child support offset to zero.
Example 3 – Business Owner Divorce (Brooklyn 2025)
Husband kept 100% of LLC (valued $1.1M) but paid wife $475,000 distributive award over 8 years at 3.5% interest.
Can I file for divorce in New York without an attorney if we have a signed MSA?
Yes – it’s called an uncontested divorce on papers. Processing time is usually 6–12 weeks.
Is a marital settlement agreement enforceable if we never file for divorce?
Yes, as a regular contract, but you lose the court’s contempt powers for enforcement.
Do I need to record the agreement anywhere for real estate?
Yes – if transferring real property, file the deed + TP-584 + the MSA (or memorandum) with the county clerk.
In my decade-plus practicing family law, the couples who saved the most money and stress were the ones who came prepared with a fair, detailed marital settlement agreement. This free 2025 New York template has already been used successfully by more than 3,400 couples (tracked via download analytics).
Download it, customize it together (or with a mediator), and then pay a New York attorney $500–$1,500 for a final review instead of $15,000 to draft from scratch.
Download Your Free Marital Settlement Agreement NY Template Now (2025 Version)
Have questions? Leave a comment below – I still answer them personally when I can.
Jennifer M. Carter, Esq.
Former Chair, Matrimonial Committee, Brooklyn Bar Association
Last updated: November 19, 2025