A California marital settlement agreement is a written contract in which divorcing or legally separating spouses set out every term of their split, including how property and debts are divided, whether anyone pays spousal or child support, and how the children will be raised. It gets attached to Judicial Council Form FL-180 (the Judgment), filed with the court clerk, and becomes a binding court order the moment a judge signs. Getting the terms right the first time matters, because California gives you only a narrow window to undo a flawed agreement once judgment is entered.
What the Agreement Has to Decide
California is a community property state. Anything acquired during the marriage is presumed to belong equally to both spouses, and property owned before marriage or received by gift or inheritance is separate.1California Legislative Information. California Code Family Code 760 – Community Property2California Legislative Information. California Code Family Code 770 – Separate Property Unless you agree otherwise, the court must divide the community estate equally.3California Legislative Information. California Code Family Code 2550 – Division of Community Estate Your agreement needs to classify every asset and debt and assign it to one spouse.
Real estate takes the most planning. If one spouse keeps the family home, the other usually signs an interspousal transfer deed to come off title. A deed transfer does not remove the other spouse from the mortgage, though, so the spouse keeping the house generally has to refinance or formally assume the loan. Write that timeline into the agreement so no one is left on a mortgage for a house they no longer own.
Retirement accounts need their own paperwork. Splitting a 401(k) or pension requires a Qualified Domestic Relations Order telling the plan administrator to pay a share to the non-employee spouse. A properly drafted QDRO lets the receiving spouse roll funds into their own retirement account without triggering taxes or early-withdrawal penalties.4Internal Revenue Service. Retirement Topics – QDRO Qualified Domestic Relations Order The judgment alone will not split the account; your agreement should identify each plan being divided and state that a QDRO will be prepared.
Spousal Support
The agreement should spell out whether either spouse will pay support, how much, and for how long. California courts weigh the length of the marriage, each person’s earning capacity, the standard of living during the marriage, and whether one spouse supported the other’s education or career, among other factors.5California Legislative Information. California Code FAM 4320 – Factors to Be Considered in Ordering Support A common benchmark for marriages under ten years is support lasting roughly half the length of the marriage, though the court has discretion to go longer or shorter. For marriages of ten years or more, the court typically retains jurisdiction over support indefinitely unless the agreement specifically terminates it.
For any new divorce agreement, spousal support is neither tax-deductible for the payor nor taxable to the recipient at the federal level.6Internal Revenue Service. Publication 504, Divorced or Separated Individuals Run the numbers in after-tax dollars before you agree to a figure.
Child Custody and Support
If you share children, the agreement needs a parenting plan addressing both legal custody (who decides on education, healthcare, and religion) and physical custody (where the children live day to day). California’s child support guideline uses a formula based on each parent’s income and timeshare, and you can estimate the number in advance using the state’s guideline calculator.7California Child Support Services. Guideline Calculator
Parents can stipulate to an amount below guideline, but the court will not approve it unless both sides declare in writing that they understand their rights, the agreement is voluntary, it serves the children’s best interests, and the agreed amount will adequately meet the children’s needs.8California Legislative Information. California Code Family Code 4065 – Stipulated Child Support Even then, either parent can later ask the court to move support back up to guideline without proving a change in circumstances.
Beyond base support, address the add-ons. Health insurance premiums for the children, uninsured medical and dental costs, work- or school-related childcare, and extracurricular expenses are the usual categories. Assign a percentage to each parent for each category so there is no fight later.
Health Insurance for the Other Spouse
A spouse covered under the other’s employer plan loses eligibility when the divorce is final. Divorce is a qualifying event for COBRA continuation coverage, which can run up to 36 months.9U.S. Department of Labor. FAQs on COBRA Continuation Health Coverage for Workers The plan administrator must be notified within 60 days of the divorce, or the right to COBRA is lost entirely. The agreement should name who gives that notice and by when.
The Financial Disclosures You Can’t Skip
Before any judge will approve a settlement, both spouses must exchange sworn financial disclosures. This step derails more agreements than any other, because skipping or faking it can reopen the whole case years later.
There are two rounds. The petitioner serves a preliminary declaration of disclosure (Form FL-140) with the petition or within 60 days of filing it; the respondent has the same 60-day window from the date they file their response. Preliminary disclosures must list every asset and liability either spouse owns or owes, community or separate, along with a current income and expense declaration.10California Legislative Information. California Code FAM 2104 – Preliminary Declaration of Disclosure They cannot be waived, even by mutual agreement.
A final declaration of disclosure is also required before judgment, but both spouses can waive this second round by filing Form FL-144.11California Courts. FL-144 – Stipulation and Waiver of Final Declaration of Disclosure The disclosures themselves are never filed with the court. You file a proof of service (Form FL-141) confirming you served them.
Nondisclosure has teeth. Under Family Code Section 2122, a spouse who later discovers fraud, perjury, or hidden assets can ask the court to set aside all or part of the judgment. The deadline is one year from the date you discover (or reasonably should have discovered) the problem, or two years from the judgment itself for duress or mental incapacity.12California Legislative Information. California Code Family Code 2122 – Grounds and Time Limits for Motion to Set Aside Judgment
The Forms and How the Package Fits Together
The Judicial Council publishes every standardized divorce form as a free PDF through the courts’ self-help website.13California Courts. Divorce Forms The anchor form for any settlement is FL-180, which serves as the first page of the judgment and references every attachment behind it.14Judicial Council of California. Judgment (Family Law) – FL-180 You check boxes on FL-180 to indicate what your written agreement covers, then attach the agreement and any supplemental Judicial Council forms.
The attachments you’ll see most often:
- FL-341, the custody and visitation order attachment, specifying legal custody, physical custody, and the parenting schedule.15Judicial Council of California. Child Custody and Visitation (Parenting Time) Order Attachment – FL-341
- FL-343, the spousal, domestic partner, or family support order attachment, detailing the amount, duration, and any relevant Section 4320 factors.16Judicial Council of California. FL-343 – Spousal, Domestic Partner, or Family Support Order Attachment
- FL-182, the judgment checklist, which is a cover sheet listing every document in your package so the clerk can confirm nothing is missing.17Judicial Council of California. FL-182 Judgment Checklist – Dissolution/Legal Separation
Most couples also draft a custom marital settlement agreement as a separate attachment, because the standardized forms don’t leave much room for detailed property descriptions or specific conditions. Identify each bank account by at least the last four digits, and each piece of real property by its full legal description or assessor’s parcel number. Specific language is enforceable language.
Summary Dissolution for Short, Simple Marriages
If your marriage lasted five years or less, you have no children, neither spouse owns real property (beyond a short-term lease), and your combined community assets and debts fall below statutory dollar thresholds, you may qualify for summary dissolution. The streamlined process uses Forms FL-800 and FL-810 and requires a signed property settlement agreement, a waiver of spousal support, and a waiver of appeal rights.18California Legislative Information. California Code Family Code 2400 – Summary Dissolution Requirements The dollar limits are adjusted periodically, so check the current FL-800 before assuming you qualify.
Signing, Filing, and the Six-Month Wait
Both spouses sign the agreement. California courts expect those signatures to be notarized in practice, especially when property transfers are involved or when the respondent never filed a response (a “default with agreement” case). Each person needs a current government-issued photo ID. California now permits remote online notarization by video under a law effective January 1, 2024, which helps when one spouse has moved out of the area.
In a true default where the respondent never participates at all, the respondent’s signature on the settlement isn’t strictly required. In a default with agreement, it is, and it must be notarized.
You submit the completed judgment package to the clerk in person or by mail. If you mail it, include two self-addressed stamped envelopes for return of your filed copies. The initial divorce filing fee runs $435 to $450 depending on the county.19California Courts. File Your Divorce Forms If the respondent never paid a first-appearance fee, that amount may be due at judgment.17Judicial Council of California. FL-182 Judgment Checklist – Dissolution/Legal Separation Fee waivers are available if you can’t afford the cost.
A judge or court attorney reviews the whole package for compliance with California law and for the children’s interests. Review time depends on the county’s backlog, but a separate rule controls the earliest possible finish date: California imposes a mandatory six-month waiting period from the day the petition was served on the other spouse. Even if the judge signs in two weeks, the marriage does not end until that six months has run.20California Courts. The Divorce Process
Once the judge signs FL-180, the clerk issues a Notice of Entry of Judgment and mails filed copies to both spouses. That notice shows the date the marriage officially ended.21California Courts. Submit Your Judgment and Written Agreement to Finish Your Divorce The case is not finished until you have that notice marked “Filed.”
Taxes to Think About Before You Sign
Property transfers between spouses as part of a divorce are generally tax-free when they happen. IRC Section 1041 recognizes no gain or loss on property moving from one spouse or former spouse to the other, provided the transfer occurs within one year of divorce or is related to the end of the marriage.22Office of the Law Revision Counsel. 26 USC 1041 – Transfers of Property Between Spouses or Incident to Divorce The receiving spouse takes the transferor’s original cost basis, so the tax bill is deferred, not erased. When you eventually sell, you’ll owe based on what your ex originally paid. This catches people who accept highly appreciated stock or real estate without understanding the embedded tax.
For the family home, each spouse can individually exclude up to $250,000 of capital gain on the sale of a principal residence (or $500,000 jointly) if they owned and used the home for at least two of the last five years. A spouse who moves out during separation can still meet the use test if the other spouse keeps living in the home under the terms of a divorce or separation agreement.23Office of the Law Revision Counsel. 26 USC 121 – Exclusion of Gain From Sale of Principal Residence Build the sale timeline into the agreement, because waiting too long after the divorce can disqualify a spouse from the exclusion.
Spousal support under agreements executed after December 31, 2018 has no federal tax effect for either side.6Internal Revenue Service. Publication 504, Divorced or Separated Individuals Child support has never been deductible or taxable. Keep the two cleanly separated in the agreement, because bundled or vague payment language can create disputes with the IRS over classification.
What You Can Change Later, and What You Can’t
Once the judge signs, the agreement is a court order, but not every term is locked in forever. The answer depends on which piece you want to change.
Child support is always modifiable on a material change in circumstances, such as a job loss, a significant raise, or a shift in the custody schedule. If the original order was below guideline, either parent can ask the court to move it back to guideline without proving any change at all.8California Legislative Information. California Code Family Code 4065 – Stipulated Child Support Custody can also be modified when a change serves the children’s best interests.
Spousal support depends on the agreement’s language. If the agreement says support is “nonmodifiable,” the court generally cannot change the amount or duration. If it’s silent or expressly allows changes, either party can request a modification on a change in circumstances. For marriages of ten years or more, the court often retains jurisdiction over support indefinitely unless the agreement specifically terminates it.
Property division is the hardest to undo. Once assets are divided, that division is final except in narrow circumstances. Section 2122 allows a motion to set aside the judgment for fraud, perjury on disclosure forms, duress, mental incapacity, or failure to comply with disclosure requirements, within one year of discovery for fraud, perjury, or disclosure failures, and two years from entry of judgment for duress or mental incapacity.12California Legislative Information. California Code Family Code 2122 – Grounds and Time Limits for Motion to Set Aside Judgment After those windows close, your options narrow sharply. That is why the financial disclosures deserve the time they take. A spouse who hides a brokerage account worth $200,000 hasn’t just committed perjury; they’ve started a clock that gives the other spouse a limited window to fix it.