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Florida Marital Settlement Agreement: What It Covers
A Florida Marital Settlement Agreement, often called an MSA, is a written agreement stating the divorce terms spouses have reached. Depending on the case, it may address property, debts, alimony, and financial matters involving children. It is commonly used in a mutual-agreement or uncontested divorce, but it is not required in every Florida divorce.
The spouses—not the document preparer—must decide the substantive terms. Divorce in Florida Online can prepare documents using information and agreed terms supplied by its customers, but it cannot negotiate between spouses, determine whether proposed terms are fair, or advise either spouse what to accept or waive.
What Is a Florida Marital Settlement Agreement?
An MSA records the terms spouses have agreed to present in their divorce case. It can identify the property and debts being addressed, state which spouse will receive or be responsible for particular items, and record agreed terms concerning alimony or other financial issues.
The agreement does not end the marriage by itself. The spouses submit the appropriate divorce documents, and the court reviews the case and enters the final judgment. If the court approves the agreement, the final judgment may incorporate or reference it. The exact legal effect can depend on the judgment’s language and the provisions involved.
For an overview of agreed cases involving assets and liabilities, visit our uncontested divorce with property in Florida guide. If you are still identifying the correct property pathway, begin with our Florida divorce with property and no minor children hub.
Is an MSA Required in Every Florida Divorce?
No. A Marital Settlement Agreement is not required in every Florida divorce. It is commonly used when spouses settle some or all divorce issues by agreement. When issues remain disputed, the court may resolve them through orders or a final judgment after the applicable court process.
An MSA is most useful when the spouses have reached definite terms and can provide the information necessary to describe those terms accurately. If one spouse refuses to agree or sign, the case may no longer qualify for a mutual-agreement process. Read our broader Florida uncontested divorce guide for more information about agreed cases.
Which Florida Marital Settlement Agreement Form Applies?
Florida Courts publishes different MSA forms for different types of dissolution cases. The correct form depends on the procedure and whether the divorce involves property or dependent or minor children. The official versions are available through the Florida Courts family-law forms directory.
Property but no dependent or minor children
Form 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Children, is designed for an agreed dissolution involving property or debts without dependent or minor children.
This form commonly relates to Form 12.901(b)(2), Petition for Dissolution of Marriage with Property but No Dependent or Minor Children. A standard form may not address every unusual asset, transfer, debt, or financial arrangement.
Divorce involving dependent or minor children
Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Children, is the MSA form designed for a dissolution involving dependent or minor children.
An MSA does not replace a Parenting Plan, the Child Support Guidelines Worksheet, or other required child-related documents. For an explanation of those separate documents, visit our Parenting Plan and child-support guide and our broader Florida divorce with children overview.
Simplified dissolution
Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage, is designed for the simplified dissolution procedure. Simplified dissolution has separate qualification requirements and should not be assumed to fit every agreed case.
What Can a Florida MSA Address?
The subjects included depend on the spouses’ circumstances and the form being used. An agreement may address:
- Homes and other real estate;
- Vehicles and personal property;
- Bank, investment, and other financial accounts;
- Retirement benefits or pension interests;
- Credit cards, loans, mortgages, and other liabilities;
- Alimony or an agreed waiver of alimony;
- Tax-related responsibilities between the spouses;
- Attorney’s fees or court costs, when addressed;
- Child-related financial provisions, when applicable; and
- Additional documents or transfers contemplated by the spouses’ agreement.
Descriptions and instructions should be sufficiently specific to identify what the spouses have agreed to do. Missing information, contradictory provisions, or unclear descriptions may lead to questions, corrections, disputes, or additional proceedings.
How Does an MSA Relate to Property and Debts?
Florida law distinguishes marital assets and liabilities from nonmarital assets and liabilities. Florida Statutes section 61.075 governs equitable distribution when a court distributes marital property and liabilities.
Divorce in Florida Online cannot determine whether an item is marital or nonmarital, calculate what division is fair, value an asset, or recommend what either spouse should receive. The spouses must supply the descriptions and disposition terms they have already chosen.
An agreement between spouses assigning responsibility for a joint debt does not necessarily remove a spouse’s contractual responsibility to a creditor. Mortgages, refinancing, deeds, jointly held debt, and title transfers can create consequences beyond the divorce documents and may require independent legal, tax, lending, or title advice.
How Does an MSA Work When Children Are Involved?
An MSA involving children may work alongside a Parenting Plan, financial affidavits, child-support calculations, and the Child Support Guidelines Worksheet, Form 12.902(e). These documents serve different functions.
Parents’ agreed terms do not conclusively control matters governed by Florida law, the children’s best interests, or applicable child-support requirements. The court reviews child-related provisions and determines the orders that will be entered.
This page only summarizes that relationship. Detailed parenting and child-support requirements belong in the related children guides.
Does a Florida MSA Have to Be Notarized?
The official Florida MSA forms used for mutual-agreement divorces require both spouses to sign before a notary public or deputy clerk. The instructions for Form 12.902(f)(2), for example, require both parties’ signatures to be witnessed by a notary public or deputy clerk.
Remote online notarization may be available when appropriate. Not every divorce document has the same signature or notarization requirement. In particular, the current Florida Family Law Financial Affidavit forms are signed under penalty of perjury and do not contain a notary block.
How Does the Court Handle the Agreement?
The spouses may submit their signed agreement as part of an agreed divorce case. The court reviews the case and determines whether and how the agreement will be addressed in the final judgment.
Signing an MSA does not guarantee that every provision will be approved, incorporated, enforceable, or accepted without questions or corrections. Child-related provisions, incomplete information, conflicting documents, or unusual financial terms may require additional review.
The marriage is not dissolved until the court enters the final judgment. Our Florida divorce process guide explains the broader sequence after documents are filed.
Can a Marital Settlement Agreement Be Changed?
The answer depends on whether the agreement has been signed, filed, or incorporated into a final judgment and on the provision being changed.
- An unsigned draft may be revised before the spouses sign it.
- A signed agreement should not be casually altered or replaced.
- Changes before final judgment may require a written amendment, new signatures, notarization, and appropriate filing.
- Post-judgment enforcement, modification, interpretation, or relief depends on the judgment, the provision involved, procedural rules, and the circumstances.
- Property, alimony, child support, and parenting provisions do not all follow the same modification rules.
A person seeking to change, interpret, enforce, challenge, rescind, or set aside an existing agreement should consult a licensed Florida attorney. Those matters require legal analysis beyond nonlawyer document preparation.
What Financial Information May Be Involved?
Depending on the case, spouses may need Form 12.902(b) or 12.902(c), Family Law Financial Affidavit, and may have mandatory-disclosure responsibilities under Florida Family Law Rule of Procedure 12.285. Form 12.932, Certificate of Compliance with Mandatory Disclosure, may apply.
Form 12.902(k), Joint Waiver of Filing Financial Affidavits, concerns filing financial affidavits with the court when legally and procedurally applicable. It is not a universal waiver of financial disclosure or the exchange of information. For detailed guidance about these documents, visit our Florida divorce financial-affidavit guide.
What Can a Nonlawyer Document Preparer Do?
Divorce in Florida Online is a nonlawyer document-preparation service. For more than 15 years, the company has helped customers throughout all 67 Florida counties prepare divorce documents remotely.
Using information and agreed terms supplied by the customers, the service may prepare the appropriate divorce documents, provide signing instructions, arrange remote online notarization when appropriate, and provide electronic filing support.
A nonlawyer document preparer cannot:
- Negotiate between spouses;
- Determine whether property is marital or nonmarital;
- Value property or retirement benefits;
- Choose how property or debts should be allocated;
- Advise whether an agreement is fair;
- Recommend waiving alimony, disclosure, or another legal right;
- Interpret an existing agreement;
- Advise whether an agreement can be enforced, modified, or set aside; or
- Provide individualized legal advice or representation.
Florida Courts explains that when a nonlawyer assists with forms, the applicable nonlawyer information must be completed and Disclosure from Nonlawyer, Form 12.900(a), should be completed when applicable.
When Should Each Spouse Consider an Attorney?
Independent legal advice may be especially important when the divorce involves:
- Disputed ownership or marital-versus-nonmarital classification;
- Inherited, gifted, or premarital property;
- Hidden, transferred, wasted, or dissipated assets;
- Uncertain valuation;
- A business or professional practice;
- A pension, complex retirement account, or possible QDRO;
- A deed, mortgage, refinancing requirement, or title transfer;
- Tax, bankruptcy, immigration, or estate-planning consequences;
- Substantial or disputed debt;
- Alimony rights or a proposed waiver;
- Unequal bargaining power, pressure, coercion, or incomplete disclosure;
- Complex parenting or child-support provisions;
- Uncertainty about legal rights; or
- A request to interpret, change, enforce, challenge, or set aside an agreement.
Frequently Asked Questions About Florida Marital Settlement Agreements
What is a Florida Marital Settlement Agreement?
A Florida Marital Settlement Agreement, or MSA, is a written agreement stating divorce terms the spouses have reached. Depending on the case, it may address property, debts, alimony, and financial matters involving children.
Is an MSA required in every Florida divorce?
No. An MSA is commonly used when spouses settle some or all divorce issues by agreement. Disputed issues may instead be determined through court orders or the final judgment.
Which Florida MSA form should be used?
The form depends on the case. Florida Courts publishes Form 12.902(f)(2) for property cases without dependent or minor children, Form 12.902(f)(1) for cases involving dependent or minor children, and Form 12.902(f)(3) for simplified dissolution.
Do both spouses have to sign and notarize the agreement?
The official Florida MSA forms used for mutual-agreement divorces require both spouses to sign before a notary public or deputy clerk. Requirements should be checked against the particular form and procedure being used.
Is an MSA the same as a Parenting Plan?
No. A Parenting Plan addresses parental responsibility, decision-making, and time-sharing. An MSA serves a different function and does not replace the Parenting Plan or required child-support documents.
Does signing an MSA guarantee that the court will approve it?
No. The court reviews the divorce case and determines whether and how the agreement will be addressed in the final judgment. Signing does not guarantee that every provision will be approved, incorporated, or accepted without questions or corrections.
Can a Florida Marital Settlement Agreement be changed?
It depends on whether the agreement has been signed, filed, or incorporated into a final judgment and on the provision involved. Anyone seeking to change, enforce, interpret, challenge, or set aside an agreement should consult a licensed Florida attorney.
Can a nonlawyer document preparer prepare an MSA?
A nonlawyer document preparer may prepare documents using information and agreed terms supplied by the spouses. A nonlawyer cannot negotiate the terms, advise what either spouse should accept, determine whether the agreement is fair, or provide individualized legal advice.
Tell Us About Your Agreed Divorce Documents
If you and your spouse have already reached the substantive terms of your mutual-agreement divorce, tell us about your situation. We will review the information you provide to determine whether our nonlawyer document-preparation service fits the process you are requesting.
Important: Divorce in Florida Online is a nonlawyer document-preparation service and is not a law firm. We prepare documents using information and agreed terms supplied by our customers. We cannot provide legal advice, represent either spouse, negotiate terms, determine whether property is marital or nonmarital, decide whether an agreement is fair, or advise whether an agreement protects either spouse’s legal rights. Court requirements and judicial decisions vary, and no particular acceptance, incorporation, enforceability, timeline, hearing procedure, or outcome is guaranteed.