Human Lawyer vs. Chat GPT: is it advisable to use Artificial Intelligence (AI) to draft a Marital Settlement Agreement? (Part II)

On May 13, 2024, Google unveiled its newest AI Tool, Chat GBT 4.0. As a follow up to the experiment contained in the prior Blog on this topic, the directions, below, were typed into Chat GPT 4.0 to explore the evolution of AI capability from Chat GPT to Chat GPT 4.0:

“Draft Maryland Contract Language for Alimony of $5,000 per month for 5 years.”

Chat GPT 4.0 provided the following language and commentary:

Agreement for Alimony

This Agreement for Alimony (“Agreement”) is entered into on [date], by and between:

[Payer’s Full Name], residing at [Payer’s Address], hereinafter referred to as the “Payer,”

and

[Payee’s Full Name], residing at [Payee’s Address], hereinafter referred to as the “Payee.”

Recitals

WHEREAS, the parties were previously married and have since divorced on [date of divorce];

WHEREAS, pursuant to the terms of the divorce decree entered by the [Court Name] in [County], Maryland, the Payer has been ordered to pay alimony to the Payee;

WHEREAS, the parties desire to formalize the terms of alimony agreed upon as follows:

Terms

Amount and Duration: The Payer agrees to pay alimony to the Payee in the amount of $5,000 per month. This alimony shall continue for a period of 5 years from the date of this Agreement, commencing on [start date].
Payment Terms: The alimony shall be paid monthly, in arrears, on the [day] of each month. Payments shall be made by [method of payment, e.g., check, electronic transfer] to an account designated by the Payee.
Modification: The parties acknowledge that circumstances may change over time. Either party may seek modification of the alimony amount or duration based on a substantial change in circumstances, as defined by Maryland law.
Termination: The obligation to pay alimony shall terminate upon the death of either party or upon the remarriage of the Payee.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland.
Entire Agreement: This Agreement constitutes the entire understanding between the parties concerning alimony and supersedes any prior agreements or understandings, whether written or oral.

Execution

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.

[Payer’s Full Name]

Signature: ___________________________

Date: _______________________________

[Payee’s Full Name]

Signature: ___________________________

Date: _______________________________

Notes:

Legal Review: It’s crucial to have any contract, especially one involving legal obligations like alimony, reviewed by a qualified attorney to ensure compliance with Maryland law and to address specific circumstances.
Specific Details: Include specific dates, payment methods, and any other pertinent details that clarify the terms of the alimony agreement.
Court Order: If the alimony terms are part of a court order or divorce decree, reference that document and ensure consistency with its terms.

This draft provides a basic framework. Depending on the specifics of your situation, additional provisions or modifications may be necessary.

In the prior Blog , Chat GPT provided the following language:

ALIMONY PROVISION

Husband, agrees to pay Wife, the sum of $5,000 per month as spousal support (alimony) for a period of 5 years, commencing on [Start Date]. The payments shall be made on the [Specify Date, e.g., 1^st day of each month] of each month.

MODIFICATION

This alimony provision is non-modifiable, and neither party shall seek a modification of this provision under any circumstances.

TERMINATION

The obligation to pay alimony shall terminate upon the occurrence of any of the following events:

The death of either party.
The remarriage of Wife.
Wife cohabitating with another person in a supportive relationship as defined by the applicable law.

CONTINUATION AFTER REMARRIAGE

In the event of Wife’s remarriage, Husband’s obligation to pay alimony shall cease upon the date of Wife’s remarriage. However, Husband shall be obligated to pay any unpaid alimony amounts up to that date.

An experienced family law attorney would have drafted the alimony provision as follows:

Husband to Pay Alimony to Wife.

Husband shall pay directly to Wife, as alimony and for her support and maintenance, the fixed and non-modifiable sum of Five Thousand Dollars ($5,000.00) per month, accounting from and with the first (1^st) payment being due and payable on January 1, 2024 and on the first (1^st) day of each month thereafter. Husband’s alimony payments shall be payable by cash, check or money order payable on demand. Husband’s alimony and support payments as set forth in this paragraph shall be payable so long as the parties live separate and apart from each other and shall terminate (except as to accrued arrears, if any) upon the first (1^st) to occur of any one (1) of the following events: (1) remarriage of Wife; (2) death of Husband; (3) death of Wife; or (4) December 31, 2028 (hereinafter “Termination Date”). In no event shall Husband have any liability to make any alimony payments or any payment as a substitute for such payments after the death of Wife. The parties agree that the provisions of this paragraph with respect to alimony, spousal support, and/or maintenance are not and shall not be subject to any Court modification except as provided in paragraph iii. below. Wife accepts the terms of this paragraph in lieu of any other provision or allowance for her support.
For purposes of this Paragraph, the term “remarriage of Wife” shall mean her actual remarriage or her cohabitation with an unrelated adult male for ninety (90) days in any given three hundred sixty-five (365) day period irrespective of the actual financial arrangements or assumption vel non of the duties and obligations associated with marriage.

iii. Non-Modifiability of Alimony Payments. The parties agree that the provisions of this Paragraph with respect to alimony, spousal support, and/or maintenance are not and shall not be subject to any court modification, except in the event that Husband sustains a disability and is no longer able to work/has a significant reduction in salary or otherwise has an involuntary and significant reduction of pay. In those events and those events only, Husband may request a downward modification of alimony. Wife accepts the terms of this Paragraph in lieu of any other provision or allowance of her support. The parties agree that the terms of this Paragraph shall not be subject to any court modification, and the parties waive the right to ever request any court to change or make a different provision for the support and maintenance of either Husband or Wife, temporary or permanent, past, present or future, except as explicitly provided herein. The parties further expressly covenant and agree that except as provided for in this paragraph, neither party shall hereafter apply to any court for an increase or decrease in the amount of, the duration of, or a modification of the terms of such alimony, support, and maintenance as herein provided.

Analysis:

The most significant differences between the drafting done by Chat GBT and a human family law attorney are the provisions for modification in the event of disability and the more detailed language regarding cohabitation. It is this writer’s opinion that the Chat GBT language for cohabitation would be unenforceable in court and the lack of a provision for modification in the event of significant disability or significant involuntary reduction in income leaves the alimony payor in an unreasonable and possibly disastrous position. At this time, AI seems to be limited to drafting generalized language that is unlikely to provide clear and comprehensive language that meets the individual needs of and provides the necessary protections for divorcing spouses.

The most significant differences between the drafting done by Chat GBT and Chat GBT 4.0 is that Chat GBT 4.0 provides language for a complete contract and some commentary, most importantly the recommendation that any contract language be reviewed by an attorney. Chat GBT 4.0 also includes a date for the divorce in the Agreement, which is incorrect, the Agreement would be made prior to divorce, so it is not possible for the divorce date to be included. What is particularly interesting is that given the same instructions, Chat GBT provided for non-modifiable alimony and Chat GBT 4.0 provided for modifiable alimony. The Chat GBT 4.0 modifiability provision is very general and leaves the matter virtually unresolved in this writer’s opinion. In addition, Chat GBT provided for termination upon cohabitation (though not very effectively) and Chat GBT 4.0 did include any terminatin language for cohabitation. These two provisions, the modifiability of alimony and the cohabitation of the alimony recipient, are the most critical and often most difficult to resolve in any agreement to pay and receive alimony. The fact that AI has, with the same instructions, drafted language that addresses these two important issues differently is very problematic. It seems that even with the evolution of the AI drafting tool Chat GBT, the human family law attorney is still far more capable of drafting Marital Settlement Agreements.