The contracts

Article 1. Parties and formation.

This Contract is made among the two Spouses and the State. It is formed upon solemnization of a marriage under a valid license or, in states that permit it, upon the Spouses' present agreement to be married followed by cohabitation and public reputation as married. The Spouses acknowledge that they have not read this Contract, that no copy was provided, and that neither fact affects its validity.

Article 2. Governing law.

This Contract is governed by the law of the state in which either Spouse is domiciled at the time of dissolution or death, as that law then exists. The law of the place of celebration governs only the validity of the marriage. The Spouses may change the governing law by changing domicile, and either Spouse may do so unilaterally.

Article 3. Marital property.

[Option A: equitable distribution, 41 states and D.C.] All property acquired by either Spouse from the date of marriage until the cutoff date fixed by state law (separation, filing, or decree) is marital property regardless of title. Upon dissolution the court shall divide marital property in such proportions as it deems equitable, without regard to marital misconduct in most states, after considering the length of the marriage, the age, health, income, and employability of each Spouse, each Spouse's contributions including homemaking, and such other factors as the court deems relevant.

[Option B: community property, 9 states] All property acquired by the labor of either Spouse during the marriage is community property, owned in equal undivided shares from the moment of acquisition. Upon dissolution the community shall be divided equally [California, Louisiana, New Mexico] or in a manner the court deems just and right [Texas, and similarly elsewhere].

[Option C: all-property states] As Option A, except that the court may also divide property described in Article 4 where it deems that equitable.

Article 4. Separate property.

Property owned by a Spouse before marriage, or acquired during marriage by gift, bequest, or descent, is that Spouse's separate property, together with [in most states] its passive appreciation. Separate property becomes marital, in whole or in part, to the extent it is (a) commingled with marital property so that it cannot be traced; (b) retitled in joint names, which is presumed a gift to the marriage; or (c) increased in value through marital funds or the efforts of either Spouse. [Some states] All appreciation during the marriage is marital. The Spouse claiming separate property bears the burden of tracing it by clear and convincing or preponderant evidence, as the state provides.

Article 5. Debts.

Debts incurred by either Spouse during the marriage are presumed marital and shall be allocated on the principles of Article 3. Allocation between the Spouses does not bind any creditor, and a Spouse remains liable on any obligation he or she signed regardless of the decree. Under the doctrine of necessaries or a family expense statute, a Spouse may be liable to third parties for medical care and other necessities furnished to the other Spouse. [Community property states] Community property is generally liable for debts incurred by either Spouse during the marriage.

Article 6. Support during the marriage.

Each Spouse owes the other a duty of support according to his or her means. No court will enforce this duty or inquire into the adequacy of support while the Spouses live together. Upon separation, either Spouse may seek temporary support in an amount the court deems reasonable, or as fixed by guideline where one exists.

Article 7. Support after dissolution.

[Option A: discretion, most states] The court may award maintenance to either Spouse in such amount and for such duration as it deems just, considering the length of the marriage, the standard of living during it, each Spouse's resources, earning capacity, age, and health, contributions to the other's career, and any other factor the court deems relevant.

[Option B: formula] Maintenance shall be calculated by statutory formula based on the Spouses' incomes, for a duration determined by the length of the marriage, from which the court may deviate where the result would be unjust or inappropriate.

[Option C: capped] Maintenance is available only after a marriage of stated minimum length, only to a Spouse unable to meet minimum reasonable needs, and may not exceed a stated dollar amount, share of income, or duration.

[Fault rider, a minority of states] A Spouse who committed adultery may be barred from maintenance, or the court may consider marital misconduct in fixing the amount.

In all cases maintenance terminates on the recipient's remarriage or either party's death, may terminate or be reduced upon the recipient's cohabitation, and may be modified upon a substantial change in circumstances unless the decree provides otherwise.

Article 8. Children.

The Spouses' obligations to their children are not governed by this Contract and may not be varied by agreement. Child support shall be determined under state guidelines, belongs to the child, and may not be waived by either parent. Legal and physical custody shall be allocated according to the best interests of the child as determined at the time of decision. Any agreement of the Spouses on these subjects is advisory.

Article 9. Death.

[Option A: most states] If a Spouse dies intestate, the survivor takes a statutory share of the estate, ranging from one-third to the whole depending on the state and on who else survives. If a Spouse dies testate, the survivor may elect to take, in lieu of the will, a statutory share, typically one-third of the estate or a share that increases with the length of the marriage up to one-half. The survivor may also claim homestead, exempt property, and a family allowance. These rights may be waived only by a signed writing after fair disclosure.

[Option B: community property states] The survivor owns one-half of the community property outright. The decedent may dispose by will only of his or her half and of separate property.

[Option C: Georgia] The survivor has no elective share and may petition for a year's support.

Article 10. Federal riders.

(a) Tax. Spouses who file a joint return are jointly and severally liable for the entire tax, subject to limited relief for an innocent spouse. Transfers between Spouses, or incident to divorce, are not taxable events. Maintenance under instruments executed after 2018 is neither deductible by the payer nor income to the recipient.

(b) Retirement plans. Each Spouse is entitled to a survivor annuity from the other's pension and is the default beneficiary of the other's 401(k). These rights may be waived only by a spouse, in writing, on the plan's form, with a notary or plan representative as witness. A premarital agreement does not satisfy this requirement. A plan may be divided on divorce only by a qualified domestic relations order.

(c) Beneficiary designations. The plan administrator or insurer shall pay the beneficiary named on its form, notwithstanding any will, divorce decree, or provision of this Contract. State laws that revoke a former spouse's designation on divorce do not apply to plans governed by federal law.

(d) Social Security. After a marriage of ten years, a divorced Spouse may claim benefits on the other's earnings record.

(e) Military and federal service. Retired pay is divisible as property. Direct payment to a former Spouse requires ten years of marriage overlapping ten years of service.

(f) Immigration. A Spouse who sponsors the other for permanent residence promises the United States to support the immigrant at 125 percent of the poverty line. The promise survives divorce and cannot be waived by agreement between the Spouses.

(g) Bankruptcy. Support obligations are not dischargeable. Property-division obligations to a Spouse or former Spouse are not dischargeable in a Chapter 7 liquidation.

Article 11. Disputes.

All disputes under this Contract shall be resolved in the family court of the governing state, by a judge assigned without the Spouses' participation, sitting without a jury in nearly all states. The court exercises broad discretion, and its determinations will be reversed only for abuse of discretion. Most disputes will be resolved by settlement negotiated in light of the predicted exercise of that discretion. Each Spouse shall bear his or her own fees, except that the court may shift fees as it deems appropriate in light of the Spouses' relative resources or conduct. The Spouses may agree to mediate or, in many states, to arbitrate financial disputes.

Article 12. Amendment by the Spouses.

The Spouses may vary Articles 3, 4, 5, 7, and 9, and may designate governing law under Article 2, by a written agreement signed by both, before marriage or during it. To be enforced the agreement must be voluntary, must follow fair and reasonable disclosure of each Spouse's finances or a knowing waiver of it, and must not be unconscionable, tested [most states] at signing or [some states] at enforcement. Agreements made during marriage receive closer scrutiny. Articles 6, 8, 10, 11, 13, and 14 may not be varied.

Article 13. Amendment by the State.

The State may amend any Article at any time by legislation or judicial decision. Unless the State provides otherwise, amendments apply to marriages then existing and to dissolutions not yet final.

Article 14. Termination.

This Contract terminates upon the death of a Spouse or a decree of dissolution or annulment. It does not terminate by agreement of the Spouses, by separation of any length, or by either Spouse's breach of any promise made at the wedding. In all states either Spouse may obtain a decree without proving fault, subject to any waiting or separation period the State requires.

Article 1. Purpose.

The Spouses intend to share fully in each other's fortunes. This Agreement shall be construed to favor sharing over separation and, in any case of doubt, to favor the Spouse with the lower income or the greater responsibility for the care of children or family members (the "Supported Spouse").

Article 2. All property is shared.

All property of either Spouse, whenever and however acquired, including property owned before the marriage and property received by gift or inheritance, is marital property owned equally, except the items listed on Schedule C (such as heirlooms, or property held for a child of a prior relationship). No tracing of contributions shall be required or permitted.

Article 3. Division.

Upon dissolution, marital property shall be divided equally by value. The Supported Spouse may elect to receive the family home as part of his or her share, and if that share is insufficient, may defer payment of the difference for up to [five] years at [the applicable federal rate].

Article 4. Debts.

All debts incurred by either Spouse before separation are shared equally, except debts incurred to conceal or carry on an extramarital relationship, or for gambling, which belong to the Spouse who incurred them.

Article 5. Support.

Upon dissolution, the Spouse with the higher income shall pay the other [35] percent of the difference between their gross incomes, recalculated annually. Support continues for a period equal to the length of the marriage or, if the marriage lasted [fifteen] years or more, until the payer reaches full Social Security retirement age. Support ends on the recipient's remarriage or either Spouse's death. It shall not be reduced on account of marital misconduct by either Spouse or the recipient's cohabitation.

Article 6. Starting over.

In addition to support, the Supported Spouse shall receive from marital property, before division, an amount equal to [two] years of tuition and fees at the public university of the governing state, for education or retraining.

Article 7. Death.

Neither Spouse waives any right in the other's estate. Each Spouse shall maintain a will leaving not less than [three-quarters] of his or her estate to the survivor, shall name the survivor as primary beneficiary of all retirement accounts and life insurance, and shall maintain life insurance of not less than [five] times annual income while any child is a minor.

Article 8. Most-favored spouse.

If, at the time of enforcement, the law of the governing state would provide the Supported Spouse with a larger share of property or greater support than this Agreement does, the law shall control to that extent.

Article 9. Fees and process.

The Spouses shall mediate for not less than [sixty] days before either files any contested motion, except where safety requires otherwise. The reasonable fees of both Spouses' lawyers and of the mediator shall be paid from marital property before division. If liquid marital property is insufficient, the higher-income Spouse shall advance both Spouses' fees.

Article 10. Review.

The Spouses shall review this Agreement at every [fifth] anniversary and upon the birth or adoption of a child, a move to another state, or the receipt of an inheritance. Failure to review does not affect validity.

Article 1. Governing law.

This Agreement, and the Spouses' property and support rights, shall be governed by the law of [State] as it exists on the date of signing, wherever the Spouses later live.

Article 2. Separate property.

Each Spouse's separate property consists of (a) property listed on that Spouse's disclosure schedule; (b) gifts and inheritances received individually; and (c) all income from and appreciation of such property, whether passive or active, so long as it is held in an account or title in that Spouse's sole name. Separate property deposited into a jointly titled account or used to acquire jointly titled property becomes marital, with one exception: a Spouse who contributes separate funds to the purchase of the family home shall be credited with the dollar amount contributed, without interest or appreciation, before the home's equity is divided.

Article 3. Marital property.

All other property acquired by either Spouse during the marriage, including retirement contributions, equity compensation to the extent earned during the marriage, and the increase in value of any business in which either Spouse works, is marital property. Upon dissolution it shall be divided equally by value.

Article 4. Businesses and hard-to-divide assets.

A Spouse who works in a business may retain it by paying the other one-half of its marital value as determined by a single appraiser chosen jointly or, failing agreement, named by the arbitrator. Payment may be made over not more than [five] years at [the applicable federal rate plus two points], secured by the business interest.

Article 5. Caregiver credit.

For each calendar year in which a Spouse, by agreement of both, works less than half-time in order to care for the Spouses' children or family members, that Spouse accrues a credit equal to [15] percent of the other Spouse's gross earned income for that year. Upon dissolution, accrued credits shall be paid from the other Spouse's share of marital property, or if that is insufficient, as additional support over not more than [five] years. Credits are extinguished by the death of either Spouse during the marriage.

Article 6. Support.

Upon dissolution, the Spouse with the higher gross income shall pay the other [30] percent of the difference between their gross incomes, recalculated annually on exchange of tax returns. Duration vests as follows: for a marriage of less than [three] years, none; for [three] to [twenty] years, one-half the length of the marriage; for more than [twenty] years, until the payer reaches full Social Security retirement age. Support ends on the recipient's remarriage or either Spouse's death and is suspended during any period in which the recipient cohabits with a partner for more than [twelve] consecutive months.

Article 7. No fault, except with money.

Marital misconduct shall not affect any right under this Agreement, except that a Spouse who, within [three] years before filing, spent or transferred marital property for a purpose unrelated to the marriage, including an extramarital relationship, or concealed any asset, shall restore the full amount to the other Spouse's share, and in the case of concealment shall forfeit the concealed asset entirely.

Article 8. The home.

Either Spouse may buy the other's interest in the family home at appraised value within [ninety] days of filing. If both or neither elect to do so, the home shall be listed for sale within [six] months, and carrying costs until sale shall be shared in proportion to income.

Article 9. Debts.

Debts incurred during the marriage for family purposes are shared equally. Debts incurred before the marriage, and education debt incurred during it, remain with the Spouse who incurred them, except that education debt is shared equally once the marriage has lasted [five] years from the date the debt was incurred.

Article 10. Death.

Neither Spouse waives any right in the other's estate. At each review under Article 12, each Spouse shall deliver to the other a current copy of every beneficiary designation.

Article 11. Process.

(a) Except where safety requires otherwise, a Spouse intending to file shall give the other [thirty] days' written notice. (b) The Spouses shall attend not fewer than [three] mediation sessions before any contested filing on a financial issue. (c) Financial disputes not resolved in mediation shall be decided by binding arbitration before a single arbitrator who is a family lawyer with at least [fifteen] years' experience. (d) A Spouse who rejects a written settlement offer and then fails to obtain a result at least [ten] percent more favorable shall pay the other's fees incurred after the offer.

Article 12. Review.

The Spouses shall review this Agreement at every [fifth] anniversary and within [six] months after the birth or adoption of a child, a change of state of residence, an inheritance exceeding [$100,000], the founding or sale of a business, or the disability of either Spouse. Any amendment shall be in writing with the same formalities as this Agreement. Failure to review does not affect validity.

Article 13. Hardship valve.

If, at the time of enforcement, application of Article 6 would leave a Spouse eligible for public assistance, or a Spouse has become disabled, the arbitrator may increase the amount or duration of support by not more than [fifty] percent as the arbitrator deems just.

Article 1. Purpose and priority.

The Spouses agree that upon dissolution the stability, education, and security of their children take priority over the division of property between the Spouses. The provisions of this Agreement shall be applied in the order in which they appear.

Article 2. Children's fund.

Before any division of marital property there shall be set aside (a) for each child, into an education savings account, an amount sufficient to bring that account to [$X] multiplied by the child's age in years; and (b) into a joint account requiring both signatures, a reserve equal to [twelve] months of the children's ordinary expenses.

Article 3. The nest.

The family home shall not be sold until the youngest child completes secondary school, unless both Spouses agree in writing. The parent with whom the children spend the majority of overnights shall have the right to occupy it. Mortgage, taxes, insurance, and major repairs shall be shared in proportion to the Spouses' gross incomes. The occupying parent pays utilities and routine upkeep. Upon sale, net equity shall be divided equally, including appreciation after separation.

Article 4. Two households, one standard of living.

While any child is a minor, the Spouse with the higher income shall pay spousal support in the amount required so that the after-tax, after-child-support income of the two households, measured per household member, differs by not more than [20] percent. The amount shall be recalculated annually upon exchange of tax returns.

Article 5. Beyond guideline child support.

Child support shall be not less than the amount required by state guidelines. In addition, the Spouses shall share in proportion to gross income (a) uninsured medical, dental, and mental health costs; (b) child care; (c) tutoring, activities, and summer programs up to [$X] per child per year; and (d) for each child, undergraduate tuition, room, and board up to the cost of attendance at the flagship public university of the governing state.

Article 6. Insurance.

Until the youngest child reaches age [23], each Spouse shall maintain (a) life insurance of not less than [ten] times that Spouse's total annual obligations under Articles 4 and 5, payable to a trust for the children; and (b) disability insurance if reasonably available through employment.

Article 7. Caregiver credit.

For each year in which a Spouse, by agreement of both, works less than half-time in order to care for the children, that Spouse accrues a credit equal to [15] percent of the other's gross earned income for that year, payable upon dissolution from the other's share of marital property.

Article 8. Everything else.

Marital property remaining after Articles 2 through 7 shall be divided equally. Separate property remains separate, except that the family home is subject to Article 3 regardless of title.

Article 9. Wills and later marriages.

While any child is under age [25], each Spouse shall maintain a will or trust leaving not less than [one-half] of his or her estate to or for the benefit of the children, and shall not enter a later marriage without a premarital agreement preserving that share. This Article is enforceable by the children.

Article 10. Relocation costs.

A parent who moves more than [thirty] miles from the family home shall bear all additional costs of transporting the children between households.

Article 11. Process.

No Spouse shall file a contested motion concerning the children without first attending [three] sessions with a mediator or child specialist, except in an emergency. Neither Spouse shall call a child as a witness or ask a child to choose between parents. Fees for parenting disputes shall be paid equally, and shall not be paid from the funds set aside under Article 2.

Article 12. The Parenting Pledge (not binding).

The Spouses state their present intention, for the guidance of each other and of any court, that after separation: (a) the children's schedule will favor stability of school, friends, and activities over equality of parental time; (b) neither parent will disparage the other in the children's presence; (c) both parents will have full access to school, medical, and activity information, and both will be welcome at the children's events; (d) major decisions about education, health, and religion will be made jointly; (e) neither parent will introduce a new partner to the children until the relationship has lasted [six] months; and (f) neither parent will move the children's primary residence more than [thirty] miles without the other's consent or a court order.