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ALD IW3 |
SEPARATION AGREEMENT
This Separation Agreement (“the agreement”) Dated this 21* day of October, 2021
BETWEEN:
Linda M. Kimball
Of 174 Rowley Hill Road Sterling MA, 01564
- And-
Mark J. Kimball
Of 174 Rowley Hill Road Sterling MA, 01564
BACKGROUND:
A Linda M. Kimball and Mark J. Kimball (collectively the “parties” and individually a “party”) were lawfully
married on September 5, 1999, in Sterling MA. Due to certain differences that have developed between
the parties, they agreed to live separate and apart from each other, subject to the terms and conditions
of this agreement.
B_ The parties have made complete, fair and accurate disclosure to each other on all financial matters that are
Reflected in this agreement.
C The terms of this agreement are intended to settle the matters addressed and may be incorporated into a
A final decree of divorce, unless specific matters are amended or addressed in a subsequent agreement.
D Both parties agree that they have had or will have an opportunity to consult an attorney with regards to their
Legal rights arising out of the matrimonial relationship and terms of this agreement.
— The parties have each voluntarily entered into this agreement and have not been forced by anyone to sign
This agreement, and both parties confirm that they are of sound mental health.
In consideration of the mutual promises and covenants contained in this agreement, and other valuable
Considerations the receipt and sufficiency of which consideration is acknowledged, the parties agree as follows:
LIVING SEPARATE AND APART
1 ‘The parties will, from the date of execution of this agreement, live separate and apart from each other
unless circumstances arise that one or the other party is unable to find sufficient living accommodations.
Should this happen both parties agree to live in separate bedrooms at 174 Rowley Hill Road in Sterling
MA and neither party will attend the others living space without invitation or approval.INTERFERENCE
2 Each party will be free from the interference, authority or control of the other party as fully as though
each were single and unmarried. Each party may engage in any employment business or profession, and
reside where he or she may choose, free from interference, restriction, authority or control of the other
party. Each party agrees to not interfere, bother or harass, intimidate or otherwise restrict the other
party or their family and friends at their respective residences, places of employment or any other place.
SPOUSAL MAINTENANCE
3 Neither party claims entitlement to spousal maintenance. Both parties waive any claim to spousal
Maintenance now and in the future. Regardless of any change in circumstances experienced by either
party.
HEALTH INSURANCE
4 ~~ Mark J. Kimball agrees to keep Linda M. Kimball on his health insurance until the divorce is final.
MATRIMONIAL HOME
5
ASSETS
DEBTS
10
The matrimonial home is located at 174 Rowley Hill Road in Sterling, MA 01564 and is owned by both
Parties. Mark J. Kimball agrees to transfer all his interest in the matrimonial home to Linda M. Kimball.
Mark J. Kimball waives and releases all rights of dower, curtesy, homestead, equitable distribution, and
all other rights, title and interests, if any, in and to the marital home. Upon Dissolution of the marriage
Mark J. Kimball will execute a quitclaim deed conveying his interest in the marital home at 174 Rowley
Hill Road Sterling, MA to Linda M. Kimball and at that time Linda M. Kimball will be solely responsible to
pay all encumbrances registered against the matrimonial home. Linda M. Kimball will indemnify and
hold Mark J. Kimball harmless from and against all obligations, and expenses arising out of the home.
The parties acknowledge that they have agreed upon a division of all assets, owned or possessed by
them as matrimonial property. The parties agree to give to the other all of the assets agreed upon
if not already in their possession to which each is respectively entitled. Accordingly each agrees to not
make any claim to any of the agreed upon assets that are in possession of the other.
The parties agree that any indebtedness secured or attributable to any item of property that either
Party is receiving under this agreement will be the sole responsibility of the receiving party.
The parties agree to divide the matrimonial debts as set out in this agreement.
Neither party will incur any further debt or liability on the other party's credit. Any debt accumulated
as of the date of this agreement is the debt of the individual party, regardless if the debt was incurred
as a result of joint credit.EQUITABLE DISTRIBUTION AND RELEASE
11 The parties covenant and agree that they are aware of the equitable distribution laws of the
Commonwealth of Massachusetts and it is their intention that the equitable distribution laws will not
apply to the status ownership, interest and division of their property, either jointly or separately owned
nor to their future property, whether real or personal, and owned by either one or both of them, and the
parties further covenant and agree that it is their desire and intent by the terms of this agreement to
contract out of the equitable distribution laws of the Commonwealth of Massachusetts and to make a full
and final settlement of all matters or property, both real and personal, previously and presently owned
by either of the parties or to be acquired by contract out of the equitable distribution laws of the
Commonwealth of Massachusetts and to make a full and final settlement of all matters of property, both
real and personal, previously and presently owned by either of the parties or to be acquired by either
party in the future.
DOWER, CURTESY HOMESTEAD AND RELEASE
12
Each party releases all dower, curtesy and homestead rights under any statute of the Commonwealth of
Massachusetts, or any other jurisdiction whatsoever, that, but for this agreement, each would have in
And to property in the name of the other, or in their names jointly or as tenants in common.
ESTATE AND TESTAMENTARY DISPOSITION
13
The parties renounce all rights each might have in or to the administration of the other’s estate whether
under and law of the Commonwealth of Massachusetts, or any state of the United States of America, or
any country in which any part of the estate of the other may be situated and further waive and release
the other from any and all rights or every kind, nature and description that each may acquire as a
spouse or a surviving spouse in the property, assets or estate of the other.
PENSION RELEASE
14
Except as otherwise provided in this agreement, the parties waive and relinquish any and all rights or
claims, in law or in equity, to apply to split or in any way share or claim any interest whatsoever, now
or in the future time, in IRA’s, 401K’s or any defined contribution plan, retirement plan or pension,
defined benefits plan, savings plan or profit sharing plan of any type available through employment, or
any benefits thereof, which the other party presently has or may acquire in the future.
GENERAL RELEASE
15
Each party releases all claims whatsoever and however arising, whether under the laws of the
Commonwealth of Massachusetts or any other jurisdiction, including and without limiting the
generality of the foregoing, whether arising by statute or at common law and including actions
founded on constructive trust, resulting trust or unjust enrichment which such party may now
or hereinafter have or acquire or be entitled to against the property of the other party, however
and whenever acquired, including and without limiting the generality of the foregoing, real property
personal property, any income from such property or assets of the other party and any increase in
the value of such property or against the estate of the other party, but if any such action should be
brought the provisions of this agreement may be pleaded as an answer to any claim asserted and
will constitute a full and complete defense thereto.
mio
NeeADDITIONAL CLAUSES
16 If either party charges any monies on the joint credit cards or acquires any other debt they will not
Hold the other accountable to pay the debt.
17 Each party will continue with counseling until such time as divorce or reconciliation happens.
GENERAL PROVISIONS
18 The parties will promptly sign and give to the other all documents necessary to give effect to the
terms of this agreement.
19 This agreement contains the entire agreement between the parties about their relationship with
each other. It replaces any earlier agreement written or oral between the parties.
20 Should any portions of this agreement be held by a court of law to be invalid, unenforceable, or void
such holding will not have the effect of invalidating or voiding the remainder of this agreement, and the
parties agree that the portion so held to be invalid, unenforceable or void will be deemed amended,
reduced in scope or otherwise stricken only to the extent required for purposes of validity and
enforcement in the jurisdiction of such holding.
21 The parties may only amend/change this agreement in writing after both have obtained legal advice.
22 In the event that disputes arise regarding this agreement, the parties will try to resolve the matter
through negotiation or mediation, prior to initiating a court action.
23 Notwithstanding that the parties acknowledge and agree that their circumstances at the execution of
this agreement may change for any reason, including but not limiting the generality of the foregoing, the
passage of years, it is nonetheless their intention to be bound strictly by the terms of this agreement at
all times.
24 This agreement creates a fiduciary relationship between the parties in which each party agrees to act
with the upmost of good faith dealing toward the other in all aspects of this agreement. Additionally
the parties agree to provide and execute such further documentation as may be reasonably required to
give full force and effect to each term of this agreement.
25 The headings of this agreement form no part of it and will be deemed to have been inserted for
Convenience only.
26 This agreement will be binding upon and will ensure to the benefit of the parties, heirs and assigns.
27 If the parties reconcile, the terms of this agreement will remain in effect unless revoked in writing
28 This agreement may only be terminated or amended by the parties in writing and signed by them both.
29. The laws of the Commonwealth of Massachusetts will govern the interpretation of this agreement and
The status, ownership and division of property between the parties wherever each of them may reside.
SsSIGNED by Linda M. Kimball
In the presence of:
Liat Dow
winess Lisa p4eiS
iat Foose
‘wuss Lisq Me) S
SIGNED by Mark J. kamball
Inthe presence of:
wrness lis “ae .S
nd Mbonhll ill
Linda M. KamballAA hind, Sb Jaro
— Linda M. Kimball Date
Then personally appeared the above named, Mark J. Kimball and Linda M. Kimball and acknowledge the
foregoing to be their free act and deed before me,
(th
Signed this | day of August 2022.
beh ot I-28 2927
Notary Public My commission Expires:
SHANNON L. DIXON
Notary Public
Massachusetts
My Commission Expires
Dec 23, 2027
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ALD IW3 | SEPARATION AGREEMENT This Separation Agreement (“the agreement”) Dated this 21* day of October, 2021 BETWEEN: Linda M. Kimball Of 174 Rowley Hill Road Sterling MA, 01564 - And- Mark J. Kimball Of 174 Rowley Hill Road Sterling MA, 01564 BACKGROUND: A Linda M. Kimball and Mark J. Kimball (collectively the “parties” and individually a “party”) were lawfully married on September 5, 1999, in Sterling MA. Due to certain differences that have developed between the parties, they agreed to live separate and apart from each other, subject to the terms and conditions of this agreement. B_ The parties have made complete, fair and accurate disclosure to each other on all financial matters that are Reflected in this agreement. C The terms of this agreement are intended to settle the matters addressed and may be incorporated into a A final decree of divorce, unless specific matters are amended or addressed in a subsequent agreement. D Both parties agree that they have had or will have an opportunity to consult an attorney with regards to their Legal rights arising out of the matrimonial relationship and terms of this agreement. — The parties have each voluntarily entered into this agreement and have not been forced by anyone to sign This agreement, and both parties confirm that they are of sound mental health. In consideration of the mutual promises and covenants contained in this agreement, and other valuable Considerations the receipt and sufficiency of which consideration is acknowledged, the parties agree as follows: LIVING SEPARATE AND APART 1 ‘The parties will, from the date of execution of this agreement, live separate and apart from each other unless circumstances arise that one or the other party is unable to find sufficient living accommodations. Should this happen both parties agree to live in separate bedrooms at 174 Rowley Hill Road in Sterling MA and neither party will attend the others living space without invitation or approval.INTERFERENCE 2 Each party will be free from the interference, authority or control of the other party as fully as though each were single and unmarried. Each party may engage in any employment business or profession, and reside where he or she may choose, free from interference, restriction, authority or control of the other party. Each party agrees to not interfere, bother or harass, intimidate or otherwise restrict the other party or their family and friends at their respective residences, places of employment or any other place. SPOUSAL MAINTENANCE 3 Neither party claims entitlement to spousal maintenance. Both parties waive any claim to spousal Maintenance now and in the future. Regardless of any change in circumstances experienced by either party. HEALTH INSURANCE 4 ~~ Mark J. Kimball agrees to keep Linda M. Kimball on his health insurance until the divorce is final. MATRIMONIAL HOME 5 ASSETS DEBTS 10 The matrimonial home is located at 174 Rowley Hill Road in Sterling, MA 01564 and is owned by both Parties. Mark J. Kimball agrees to transfer all his interest in the matrimonial home to Linda M. Kimball. Mark J. Kimball waives and releases all rights of dower, curtesy, homestead, equitable distribution, and all other rights, title and interests, if any, in and to the marital home. Upon Dissolution of the marriage Mark J. Kimball will execute a quitclaim deed conveying his interest in the marital home at 174 Rowley Hill Road Sterling, MA to Linda M. Kimball and at that time Linda M. Kimball will be solely responsible to pay all encumbrances registered against the matrimonial home. Linda M. Kimball will indemnify and hold Mark J. Kimball harmless from and against all obligations, and expenses arising out of the home. The parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as matrimonial property. The parties agree to give to the other all of the assets agreed upon if not already in their possession to which each is respectively entitled. Accordingly each agrees to not make any claim to any of the agreed upon assets that are in possession of the other. The parties agree that any indebtedness secured or attributable to any item of property that either Party is receiving under this agreement will be the sole responsibility of the receiving party. The parties agree to divide the matrimonial debts as set out in this agreement. Neither party will incur any further debt or liability on the other party's credit. Any debt accumulated as of the date of this agreement is the debt of the individual party, regardless if the debt was incurred as a result of joint credit.EQUITABLE DISTRIBUTION AND RELEASE 11 The parties covenant and agree that they are aware of the equitable distribution laws of the Commonwealth of Massachusetts and it is their intention that the equitable distribution laws will not apply to the status ownership, interest and division of their property, either jointly or separately owned nor to their future property, whether real or personal, and owned by either one or both of them, and the parties further covenant and agree that it is their desire and intent by the terms of this agreement to contract out of the equitable distribution laws of the Commonwealth of Massachusetts and to make a full and final settlement of all matters or property, both real and personal, previously and presently owned by either of the parties or to be acquired by contract out of the equitable distribution laws of the Commonwealth of Massachusetts and to make a full and final settlement of all matters of property, both real and personal, previously and presently owned by either of the parties or to be acquired by either party in the future. DOWER, CURTESY HOMESTEAD AND RELEASE 12 Each party releases all dower, curtesy and homestead rights under any statute of the Commonwealth of Massachusetts, or any other jurisdiction whatsoever, that, but for this agreement, each would have in And to property in the name of the other, or in their names jointly or as tenants in common. ESTATE AND TESTAMENTARY DISPOSITION 13 The parties renounce all rights each might have in or to the administration of the other’s estate whether under and law of the Commonwealth of Massachusetts, or any state of the United States of America, or any country in which any part of the estate of the other may be situated and further waive and release the other from any and all rights or every kind, nature and description that each may acquire as a spouse or a surviving spouse in the property, assets or estate of the other. PENSION RELEASE 14 Except as otherwise provided in this agreement, the parties waive and relinquish any and all rights or claims, in law or in equity, to apply to split or in any way share or claim any interest whatsoever, now or in the future time, in IRA’s, 401K’s or any defined contribution plan, retirement plan or pension, defined benefits plan, savings plan or profit sharing plan of any type available through employment, or any benefits thereof, which the other party presently has or may acquire in the future. GENERAL RELEASE 15 Each party releases all claims whatsoever and however arising, whether under the laws of the Commonwealth of Massachusetts or any other jurisdiction, including and without limiting the generality of the foregoing, whether arising by statute or at common law and including actions founded on constructive trust, resulting trust or unjust enrichment which such party may now or hereinafter have or acquire or be entitled to against the property of the other party, however and whenever acquired, including and without limiting the generality of the foregoing, real property personal property, any income from such property or assets of the other party and any increase in the value of such property or against the estate of the other party, but if any such action should be brought the provisions of this agreement may be pleaded as an answer to any claim asserted and will constitute a full and complete defense thereto. mio NeeADDITIONAL CLAUSES 16 If either party charges any monies on the joint credit cards or acquires any other debt they will not Hold the other accountable to pay the debt. 17 Each party will continue with counseling until such time as divorce or reconciliation happens. GENERAL PROVISIONS 18 The parties will promptly sign and give to the other all documents necessary to give effect to the terms of this agreement. 19 This agreement contains the entire agreement between the parties about their relationship with each other. It replaces any earlier agreement written or oral between the parties. 20 Should any portions of this agreement be held by a court of law to be invalid, unenforceable, or void such holding will not have the effect of invalidating or voiding the remainder of this agreement, and the parties agree that the portion so held to be invalid, unenforceable or void will be deemed amended, reduced in scope or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding. 21 The parties may only amend/change this agreement in writing after both have obtained legal advice. 22 In the event that disputes arise regarding this agreement, the parties will try to resolve the matter through negotiation or mediation, prior to initiating a court action. 23 Notwithstanding that the parties acknowledge and agree that their circumstances at the execution of this agreement may change for any reason, including but not limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this agreement at all times. 24 This agreement creates a fiduciary relationship between the parties in which each party agrees to act with the upmost of good faith dealing toward the other in all aspects of this agreement. Additionally the parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this agreement. 25 The headings of this agreement form no part of it and will be deemed to have been inserted for Convenience only. 26 This agreement will be binding upon and will ensure to the benefit of the parties, heirs and assigns. 27 If the parties reconcile, the terms of this agreement will remain in effect unless revoked in writing 28 This agreement may only be terminated or amended by the parties in writing and signed by them both. 29. The laws of the Commonwealth of Massachusetts will govern the interpretation of this agreement and The status, ownership and division of property between the parties wherever each of them may reside. SsSIGNED by Linda M. Kimball In the presence of: Liat Dow winess Lisa p4eiS iat Foose ‘wuss Lisq Me) S SIGNED by Mark J. kamball Inthe presence of: wrness lis “ae .S nd Mbonhll ill Linda M. KamballAA hind, Sb Jaro — Linda M. Kimball Date Then personally appeared the above named, Mark J. Kimball and Linda M. Kimball and acknowledge the foregoing to be their free act and deed before me, (th Signed this | day of August 2022. beh ot I-28 2927 Notary Public My commission Expires: SHANNON L. DIXON Notary Public Massachusetts My Commission Expires Dec 23, 2027