Florida Marital Settlement Agreement
A Florida marital settlement agreement lets divorcing spouses divide their marital property and debts, set alimony, and address custody and child support, then have those terms incorporated into the final judgment of dissolution. Attorney review available.
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Introduction
Florida is an equitable distribution state where the court begins from the premise that marital assets and liabilities should be divided equally unless there is justification for an unequal split (Fla. Stat. 61.075), and a marital settlement agreement is the written contract divorcing spouses use to settle how their property, debts, spousal support, and (by reference) custody and child support will be handled, so the terms can be incorporated into the judgment that ends the marriage. Florida is an equitable distribution state: the court sets apart to each spouse the nonmarital assets and liabilities, then divides the marital assets and liabilities beginning with the premise that the distribution should be equal, unless there is a justification for an unequal distribution (Fla. Stat. 61.075). Equitable means fair, not automatically a 50/50 split, and a Florida marital settlement agreement is where you set the division yourselves instead of leaving it to the court. Florida has no statewide alimony formula. After the 2023 alimony reform, the court may grant only temporary, bridge-the-gap, rehabilitative, or durational alimony, and permanent alimony is no longer available; the court must first find that the party seeking support has an actual need and the other party has the ability to pay (Fla. Stat. 61.08). Child support follows the statewide guideline, which presumptively sets the amount (Fla. Stat. 61.30); custody and child support stay subject to court approval and remain modifiable, so an agreement cannot bargain them away. Once approved, the agreement is ratified and incorporated into the final judgment of dissolution, and no final judgment may be entered until at least 20 days have passed from filing the petition (Fla. Stat. 61.19). DocDraft builds your Florida marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Florida, where the 2023 alimony reform ended permanent alimony and leaves only temporary, bridge-the-gap, rehabilitative, or durational awards (Fla. Stat. 61.08), a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the judgment that ends the marriage.
- 2
Florida is an equitable distribution state: the court first sets apart the nonmarital assets and liabilities of each spouse, then divides the marital estate beginning with the premise that the distribution should be equal, unless there is a justification for an unequal distribution (Fla. Stat. 61.075).
- 3
Equitable distribution means fair, not necessarily an exact 50/50 split. A Florida marital settlement agreement lets the spouses agree on how to divide the marital assets and debts themselves, rather than leaving the split to a judge weighing the statutory factors.
- 4
Florida has no statewide alimony formula. After the 2023 alimony reform, the court may grant only temporary, bridge-the-gap, rehabilitative, or durational alimony; permanent alimony is no longer available (Fla. Stat. 61.08).
- 5
Before awarding any alimony, a Florida court must first find that the party seeking support has an actual need for it and that the other party has the ability to pay, and the party seeking support carries that burden (Fla. Stat. 61.08).
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Child support follows Florida's statewide child support guideline, which presumptively establishes the amount the court must order (Fla. Stat. 61.30). Custody and child support stay subject to court approval and remain modifiable and cannot be bargained away.
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Once approved, a Florida marital settlement agreement is ratified and incorporated into the final judgment of dissolution, giving its terms the force of a court order. No final judgment may be entered until at least 20 days have passed from filing the petition (Fla. Stat. 61.19).
Key decisions before you file
Before you file a Marital Settlement Agreement in Florida, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Florida Requirements for Marital Settlement Agreement
Equitable Distribution of Marital Property
Florida is an equitable distribution state. The court divides the marital assets and liabilities beginning with the premise that the distribution should be equal, unless there is a justification for an unequal distribution (Fla. Stat. 61.075). Equitable means fair, not automatically a 50/50 split.
Nonmarital Property Set Apart
Before dividing anything, a Florida court sets apart to each spouse the nonmarital assets and liabilities of that spouse (Fla. Stat. 61.075). A Florida marital settlement agreement lets the spouses agree on how to divide the marital estate themselves rather than leaving it to a judge.
Alimony After the 2023 Reform
Florida has no statewide alimony formula. After the 2023 reform the court may grant only temporary, bridge-the-gap, rehabilitative, or durational alimony, and permanent alimony is no longer available (Fla. Stat. 61.08).
Need and Ability to Pay
Before awarding any alimony a Florida court must first find that the party seeking support has an actual need and that the other party has the ability to pay, and the party seeking support carries that burden (Fla. Stat. 61.08).
Child Support Follows the Guideline
Child support follows Florida statewide child support guideline, which presumptively establishes the amount the court must order (Fla. Stat. 61.30). Parents may agree on an amount only subject to court approval, and child support cannot be bargained away.
Time-Sharing and Support Stay Modifiable
Time-sharing and child support terms in a Florida marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
A Florida marital settlement agreement must be in writing and signed by both spouses. No statute requires notarizing the agreement itself, but signing before a notary is common practice, and the mandatory financial affidavit each spouse files must be sworn and notarized.
Incorporation Into the Final Judgment
Once approved, the agreement is ratified and incorporated into the final judgment of dissolution and given the force of a court order. No final judgment may be entered until at least 20 days have passed from filing the petition (Fla. Stat. 61.19).