Florida Marital Settlement Agreement: What to Include and How to File

Florida Marital Settlement Agreement: What to Include and How to File

A marital settlement agreement (MSA) is the written contract that spells out exactly how you and your spouse are dividing everything — property, debts, alimony, and if you have children, custody and support. In a regular uncontested dissolution, the judge reviews your MSA at the final hearing and incorporates it into the final judgment. Getting it right matters because once the judge signs off, the terms are binding and extremely difficult to modify.

When You Need One

Regular uncontested dissolution: Required. The MSA must be written, signed by both parties, and notarized before filing with the court. The judge will review it for fairness and compliance with Florida law.

Simplified dissolution: Technically, there is a conflict in Florida's rules. Rule 12.105(c) says a marital settlement agreement must be filed, but the official petition form (12.901(a)) says it is not required. In practice, most Florida judges do not require one for simplified cases. However, without a written agreement, you have no legal record of who got what if a dispute arises later.

Contested dissolution: No MSA exists at filing — the judge resolves disputed issues after mediation or trial. However, if the parties settle during mediation, the mediator drafts an MSA on the spot.

What the Agreement Must Cover

A complete Florida MSA addresses every aspect of the marriage's financial and parental dissolution:

Property division. An itemized list of all marital assets and who receives each one. Florida follows equitable distribution (Fla. Stat. § 61.075), which means fair — not necessarily equal. Common assets include the marital home, vehicles, bank accounts, investment and retirement accounts, business interests, and personal property.

Debt allocation. Every marital debt must be assigned to one spouse: mortgages, car loans, credit cards, student loans, and any other liabilities incurred during the marriage.

Alimony. If either spouse will receive alimony, the MSA must specify the type (bridge-the-gap, rehabilitative, or durational under the 2023 reform), the monthly amount, the duration, and any conditions for termination. If neither spouse is requesting alimony, include an explicit mutual waiver.

Parenting plan (if children are involved). The MSA must include or reference a detailed parenting plan covering time-sharing schedules, decision-making authority (sole or shared parental responsibility), holiday and vacation schedules, communication protocols, and relocation restrictions.

Child support. Calculated using Florida's child support guidelines. The MSA should state the monthly amount, the paying parent, and the method of payment.

Health insurance and medical expenses. Who provides health insurance for children and how uncovered medical expenses are split.

Tax matters. Who claims the children as dependents, how to handle the final joint tax return if applicable, and responsibility for any outstanding tax liabilities.

Common Drafting Mistakes

Forgetting retirement accounts. Retirement assets acquired during the marriage are marital property. If you agree to split a 401(k) or pension, the MSA alone is not enough — you also need a separate Qualified Domestic Relations Order (QDRO) drafted, approved by the court, and submitted to the plan administrator.

Vague language on the house. If one spouse is keeping the marital home, specify a deadline for refinancing the mortgage to remove the other spouse's name. Without a deadline, the departing spouse remains financially liable for a mortgage they no longer benefit from.

Ignoring debts. Dividing assets without allocating debts leaves both spouses exposed. Creditors are not bound by your divorce agreement — if a joint credit card is "assigned" to your spouse in the MSA but they stop paying, the creditor can still come after you.

How to File

File the signed, notarized MSA with the clerk of court as part of your case documents. It is typically submitted alongside or shortly after the petition. At the final hearing, the judge reviews the agreement to confirm it was entered voluntarily and is not unconscionable, then incorporates it into the Final Judgment of Dissolution.

The Florida Divorce Filing Process Guide includes an asset and debt inventory worksheet that maps directly to the sections of a marital settlement agreement, helping you catalog everything before you start drafting.

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