Florida Marital Settlement Agreements

A Florida marital settlement agreement, also referred to as an MSA, is a contract that sets forth the terms agreed upon by a couple as it relates to their rights and responsibilities after divorce. Marital Settlement Agreements typically contain the terms of the parties’ agreement regarding financial issues, such as the equitable distribution of their marital assets and liabilities, alimony, and child support. As to minor children, parental responsibilities and time-sharing (custody) are addressed in a separate Parenting Plan.

Once executed, the parties’ MSA is generally filed with the Court, which issues a final judgment approving and adopting the MSA as part of the final judgment. Typically, the MSA is incorporated (but not merged) into the Court’s final judgment. This way, the terms of the MSA are enforceable independent of the final judgment, meaning that a party may enforce the terms of the MSA or the final judgment or both.

Is a Marital Settlement Agreement Legally Binding in Florida?

Being a contract, an MSA is enforceable just like any other contract, and the general rules of contract interpretation apply. Unique to family law, the terms of the MSA regarding alimony and child support are modifiable if a party establishes that there has been a substantial change in circumstances warranting a modification. Alimony may be non-modifiable only if the parties expressly agree that the alimony is non-modifiable. 

Child support is always modifiable, meaning that the law does not allow parents to agree to non-modifiable child support. The terms relating to the equitable distribution of marital assets and liabilities are not modifiable. The MSA may contain a provision that allows the parties to modify its terms provided that any such modification is made through a written document signed by both parties. Once signed by the parties, the MSA typically becomes binding. The grounds (e.g., fraud, duress, and the like) for setting aside a signed MSA are complicated and fact-intensive.

Do I Need a Florida Family Law Attorney to Prepare My Marital Settlement Agreement?

While it is not required by law to hire a family law attorney to prepare your marital settlement agreement, it is strongly advised. Legal language can often be confusing. It is recommended that each party have their respective attorneys assist with the negotiation, drafting, and execution of the MSA and with the logistics of obtaining issuance of the Court’s final judgment. 

Consult With an Experienced Family Law Attorney in Florida

The highly qualified Family Law Attorneys at FCLC Group can negotiate, draft, and mediate the terms of your MSA on your behalf. To schedule a consultation, contact us today.