BEFORE YOU FILE
Separation Agreement Template
A plain-language overview of what a Utah separation agreement must cover — with key clauses explained.
WHAT IS A MARITAL SETTLEMENT AGREEMENT?
A Marital Settlement Agreement (MSA) — sometimes called a Divorce Settlement Agreement or Stipulation — is the binding legal contract that resolves all outstanding issues in your divorce. Once signed by both parties and approved by the court, it becomes a court order with the full force of law.
In Utah, the MSA is typically filed alongside or just before the Decree of Divorce. It replaces the need for a judge to decide each issue, which saves time, cost, and stress. If you and your spouse can reach agreement on all issues, the MSA makes your divorce uncontested.
REQUIRED SECTIONS IN UTAH
A complete Utah MSA must address each of the following — courts will reject an agreement that leaves issues unresolved:
☐Property Division
All marital assets assigned to one party or divided
☐Debt Allocation
All marital debts assigned with indemnification
☐Legal Custody
Joint or sole custody with decision-making authority
☐Physical Custody / Parent-Time
Residential schedule, holidays, and vacations
☐Child Support
Amount per Utah ORS worksheet, payment method
☐Alimony
Amount and duration, or mutual written waiver
☐Name Change
Each party's post-divorce legal name (or no change)
PROPERTY DIVISION CLAUSE
The property division clause must name every marital asset individually. Vague language like "husband gets the cars" is insufficient. A well-drafted clause includes:
→Full description of the asset
e.g., "the real property located at 1234 Main St, Salt Lake City, UT 84101 (Parcel No. XX-XXX-XXXX)"
→Who receives it
Clearly identified by name, not role — use full legal names
→How the transfer occurs
e.g., quit claim deed within 30 days of decree, or transfer on title
→What happens to encumbrances
Who is responsible for the mortgage, lien, or loan tied to the asset
→Deadline for transfer
Specific date or triggering event — do not leave open-ended
DEBT ALLOCATION CLAUSE
Every marital debt must be assigned to one party. The clause should:
→Name each debt specifically
e.g., "Chase Sapphire Preferred ending in 4521, balance approximately $6,200 as of [date]"
→Assign sole responsibility
The assigned party is solely responsible for payment going forward
→Include indemnification language
The assigned party agrees to indemnify and hold the other harmless from any claims arising from the debt — meaning if they don't pay and a creditor comes after you, you have legal recourse against them
→Note: creditors are not bound by your MSA
If both names are on a joint account, the creditor can still pursue either party — refinancing or payoff removes this risk
CHILD-RELATED PROVISIONS
Utah courts require a parenting plan that covers:
☐Legal custody
Joint legal custody (shared decision-making) is the default in Utah. Sole legal custody requires a showing of cause.
☐Physical custody / parent-time
The day-to-day residential schedule — including school nights, weekends, and who provides transportation
☐Holiday and vacation schedule
Specify each holiday by name: Thanksgiving, Christmas Eve, Christmas Day, New Year's, spring break, summer, birthdays, Mother's/Father's Day
☐Decision-making process
How major decisions (medical, educational, religious) are made if parents disagree — many agreements require a consultation period before either party can act unilaterally
☐Relocation provisions
Notice requirements if either parent plans to move — Utah law requires 60 days written notice for significant relocation
CHILD SUPPORT
Child support in Utah is calculated using the Utah Office of Recovery Services (ORS) worksheet — it is not negotiable below the statutory amount without court approval. The MSA should specify:
→Monthly amount
As calculated by the ORS worksheet based on both parents' gross income and custody split
→Payment method
Most Utah orders use wage withholding through ORS — payments go through the state clearinghouse, not directly between parties
→Who pays for healthcare
Which parent carries the children on health insurance, and how unreimbursed medical costs are split
→Childcare costs
Work-related childcare costs are typically shared pro-rata to income — specify in the MSA
→Modification standard
Child support can be modified if circumstances change by 10% or more — note this in the agreement
ALIMONY
Alimony (spousal support) is not automatic in Utah — courts consider length of marriage, standard of living, earning capacity, and need. The MSA must include one of the following:
→Alimony amount and duration
Monthly dollar amount, start date, end date (or triggering end event such as remarriage or cohabitation)
→Modification triggers
Under what circumstances either party may petition to modify — typically a substantial change in income or financial need
→Tax treatment
For divorces finalized after 2018, alimony is neither deductible by the payer nor income to the recipient — confirm this with a tax advisor
→Mutual waiver of alimony
If neither party will pay alimony, include explicit waiver language: "Each party waives any right to alimony, now and in the future." This is final and generally not modifiable.
INTEGRATION CLAUSE AND FINAL LANGUAGE
The final section of the MSA establishes the agreement's legal standing:
→Integration clause
States that the MSA is the entire agreement between parties — any prior verbal agreements or negotiations are superseded. Typical language: "This Agreement constitutes the entire agreement of the parties and supersedes all prior negotiations, representations, warranties, or understandings."
→Voluntary execution
Each party acknowledges they signed voluntarily, without duress, after reviewing the terms and having the opportunity to consult with an attorney
→Severability
If one clause is found unenforceable, the rest of the agreement remains in force
→Governing law
State that the agreement is governed by the laws of the State of Utah
→Notarization and signatures
Both parties sign before a notary public — some courts require notarization for the MSA to be accepted
IMPORTANT TIP
⚖Have a Utah family law attorney review before signing
Even if you and your spouse drafted the MSA together, paying an attorney for a one-time review (typically $200–$500) can prevent costly mistakes. A single missed clause — like failing to waive alimony in writing, or leaving a retirement account undivided — can require expensive post-decree litigation to correct. Many Utah attorneys offer flat-fee MSA reviews.
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Ready to build your separation agreement?
divvi guides you through every section — from property division to final signatures.
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