Marital Settlement Agreement in Florida

Navigating a divorce can be a challenging process, especially when it comes to deciding how to divide assets, debts, and responsibilities. 

In Florida, a Marital Settlement Agreement (MSA) is a valuable tool that can help divorcing couples reach an amicable resolution. This legally binding document outlines the terms of the divorce and can simplify the process significantly.

Use our online Marital Settlement Agreement tool to easily build a contract between you and your spouse that details your divorce agreement.

Items covered in a marital separation agreement

An MSA in Florida covers a variety of topics that are crucial to divorce proceedings. Some of these include:

Division of property: The agreement specifies how marital and non-marital property will be divided. Marital property includes assets and debts the couple acquired during the marriage. Assets and debts each party brought to the marriage separately are often considered non-marital property, though exceptions exist.

Spousal support: An MSA spells out support obligations; in other words, it tells whether one party will provide financial support to the other. It also specifies the amount to be paid and the duration of the payments.

Child custody and support: If children are involved, the MSA will establish parenting time, decision-making responsibilities, child support payments, and other related matters.

Easily draft up a complete Marital Settlement Agreement for only $100 using our online tool.

How to file 

To file a marital settlement agreement in Florida, the exes must first agree on all matters outlined in the document. 

Once the agreement is drafted and signed, they submit it to the court for approval during divorce proceedings. It's a good idea to seek legal counsel first to make sure the agreement aligns with Florida law and protects the rights of both people.

FAQ about marital settlement agreements

Will the court review our MSA for fairness?

Yes, the court will review the MSA to make sure it is fair and equitable to both parties. While the court generally respects the autonomy of the parties to decide their affairs, it may reject the agreement if it finds it grossly unfair or believes one party was coerced into signing.

What’s the difference between marital and non-marital property?

The assets and debts acquired during a marriage are marital property. This is true regardless of whose name is on the title. This can include homes, cars, retirement accounts, and credit card debt. 

Non-marital property includes assets and debts each party had before the marriage. Gifts and inheritances received solely by one spouse during the marriage are also considered non-marital property.

Can modifications be made to the MSA after it's been approved by the court?

Yes, modifications can be made to the MSA after it's approved by the court, but only under certain circumstances. Typically, a substantial change in circumstances is needed to win the court's approval.

For example, if there is a big increase or decrease in either person’s income, or if they relocate, or if the needs of the kids change, a modification may be approved.

What happens if an ex violates their MSA?

If one party violates the terms of the MSA, the other can return to court to enforce it. The court could impose various penalties, including contempt of court, which could result in fines or jail time for the violating party. 

If you believe your ex is not adhering to the MSA, it’s important to get legal advice. At Hello Divorce, we've got the legal expertise to advise you and the compassion to help you minimize stress so you can get back to enjoying the next chapter of your life.

Divorce Content Specialist & Lawyer
Divorce Strategy, Divorce Process, Legal Insights

Bryan is a non-practicing lawyer, HR consultant, and legal content writer. With nearly 20 years of experience in the legal field, he has a deep understanding of family and employment laws. His goal is to provide readers with clear and accessible information about the law, and to help people succeed by providing them with the knowledge and tools they need to navigate the legal landscape. Bryan lives in Orlando, Florida.