Marital Settlement Agreement Florida: 2026 MSA Guide

A marital settlement agreement in Florida is the written contract where divorcing spouses resolve every issue in their case: division of marital assets and liabilities under F.S. 61.075, alimony under F.S. 61.08, and (if applicable) time-sharing and child support under F.S. 61.13. For an uncontested divorce, our firm prepares this agreement and your full filing package for a $750 flat attorney fee statewide (court costs of about $408-$410 and notary are separate).

The marital settlement agreement is the single most important document in an uncontested Florida divorce. When it is complete, accurate, and signed, the court typically has nothing left to decide except to approve it and enter the Final Judgment. When it is vague, incomplete, or missing a required term, judges send couples back to fix it, which is how a "quick" divorce turns into months of delay. This guide explains exactly what a Florida marital settlement agreement must contain, which Florida Supreme Court Approved Family Law Forms apply, and how the uncontested process works step by step.

What Is a Marital Settlement Agreement in Florida?

A marital settlement agreement (often called an MSA, settlement agreement, or property settlement agreement) is a legally binding contract between two spouses that settles the financial and parenting terms of their divorce. Once both spouses sign it before a notary and the court approves it, the agreement is incorporated into the Final Judgment of Dissolution of Marriage and becomes enforceable as a court order.

Florida law favors settlement. Under Chapter 61 of the Florida Statutes, spouses are free to divide their own property, agree on support, and design their own parenting plan, and courts will generally honor those agreements as long as they are not unconscionable and were entered into knowingly. This is the legal foundation of every uncontested divorce: the spouses, not the judge, decide the outcome, and the marital settlement agreement is the document that records that decision.

An uncontested divorce exists only when both spouses agree on all issues, property, debts, time-sharing, child support, and alimony. If even one of those issues is in genuine dispute, the case is contested, a marital settlement agreement cannot be finalized, and the flat-fee uncontested process does not apply.

What Must a Florida Marital Settlement Agreement Cover?

A complete Florida marital settlement agreement addresses every category below. Leaving one out is the most common reason a judge rejects an otherwise agreed divorce.

• Division of marital assets: Real estate, vehicles, bank accounts, retirement accounts, business interests, and personal property acquired during the marriage are divided under the equitable distribution principles of F.S. 61.075. Equitable means fair, not automatically 50/50, though the statute begins with a presumption of equal division.
• Division of marital debts: Mortgages, car loans, credit cards, and other liabilities incurred during the marriage are assigned to one spouse or split. The agreement should state who pays what and by when.
• Separate (nonmarital) property: Assets owned before marriage, or received by gift or inheritance and kept separate, are generally not divided under F.S. 61.075. A good MSA confirms each spouse keeps their nonmarital property.
• Alimony (spousal support): Under F.S. 61.08, spouses may agree to bridge-the-gap, rehabilitative, or durational alimony, or agree to waive alimony entirely. Florida eliminated permanent alimony effective July 1, 2023 (Senate Bill 1416).
• Time-sharing and parental responsibility: If the spouses have minor children, a parenting plan under F.S. 61.13 must accompany the agreement, specifying the time-sharing schedule and how parents make decisions about education, healthcare, and activities.
• Child support: When children are involved, the agreement must include child support calculated under the statutory guidelines in F.S. 61.30, supported by a Child Support Guidelines Worksheet.

Each of these terms must be specific. "The parties will divide their property fairly" is not enough; the agreement must identify each significant asset and debt and state who receives or owes it.

Which Florida Forms Are Used for the Settlement Agreement?

Florida uses standardized Florida Supreme Court Approved Family Law Forms, published at flcourts.gov. The correct settlement form depends on your circumstances and which uncontested path you use.

The Marital Settlement Agreement form (Form 12.902(f)(3)) is the centerpiece of the simplified track. It must be typed or printed in black ink, signed by both spouses, and witnessed by a notary public or deputy clerk. List only the last four digits of any account numbers and describe each asset clearly. Note that the agreement itself does not transfer title to real estate; a separate deed is still required to retitle a home.

For regular uncontested cases involving property or children, spouses typically draft a comprehensive marital settlement agreement that tracks the same categories but is tailored to the case, attaches a parenting plan when children are involved, and is filed alongside the appropriate petition.

Simplified vs. Regular Uncontested Dissolution in Florida

Florida offers two uncontested paths. Choosing the wrong one wastes time, so understand the difference before you file.

Simplified dissolution is faster but narrower. It requires that there be no minor or dependent children, that neither spouse seek alimony, that both agree on property and debt division, and that both spouses appear together at the final hearing. It also means giving up the right to a trial and to financial disclosure from the other spouse.

Regular uncontested dissolution is used when there are children, when one spouse wants alimony or wants to waive it on the record, or when one spouse cannot attend the hearing. It resolves through a written marital settlement agreement and, where children are involved, a parenting plan. Most Florida uncontested divorces with kids or significant assets use this path.

If you are filing in a major metro, our step-by-step walkthroughs for Miami and Tampa show how the same statewide process plays out at the local clerk level.

How to File an Uncontested Divorce in Florida (Step by Step)

The process is the same in all 67 Florida counties. Court costs vary slightly by county, but the steps do not.

Florida has no mandatory waiting period after filing, so the main variable is how quickly the court can schedule your final hearing. Court scheduling is controlled by the judge, not by the attorney, so timelines vary by county and docket.

How Much Does an Uncontested Divorce Cost in Florida?

Our firm prepares an uncontested Florida divorce, including your marital settlement agreement and the full filing package, for a $750 flat attorney fee. That fee is the same statewide, in every one of Florida's 67 counties, whether or not you have minor children. When children are involved, the package adds a parenting plan, a child support guidelines worksheet, and a UCCJEA affidavit at the same flat price.

Separate from our attorney fee, you pay the county court costs. The dissolution of marriage filing fee is about $408-$410 in most counties (for example, $408 plus a $10 summons fee in many clerks' offices), and notary fees apply when you sign the agreement. Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk. If you cannot afford the filing fee, you may file an Application for Determination of Civil Indigent Status to request a waiver.

Compared to a traditional contested divorce, where retainers commonly run $5,000 to $7,500 or more, a flat-fee uncontested divorce offers transparency: you know the attorney fee up front and the court costs are disclosed separately.

DIY Forms vs. an Attorney-Prepared Settlement Agreement

Florida lets you file your own divorce, and self-help forms are available free at flcourts.gov. The question is not whether you are allowed to do it yourself, but whether your situation is simple enough to do it well.

Non-lawyer document-preparation and typing services can fill in the blanks on a form, but by law they cannot give legal advice, cannot tell you whether your settlement terms protect you, and cannot catch a substantive error, such as an MSA that fails to address a retirement account, omits a required parenting provision, or waives a right the spouse did not intend to waive. Those errors often surface only after the judgment, when they are far harder to fix.

A licensed Florida attorney prepares and reviews your documents, confirms the marital settlement agreement and parenting plan are complete, makes sure the correct forms and disclosures are filed, and answers your legal questions before you sign. For a flat fee, that is the value of an attorney-prepared uncontested divorce: the same standardized forms, completed correctly the first time, by a lawyer who is responsible for the work.

An uncontested flat-fee divorce is a good fit when both spouses genuinely agree on everything and the assets and parenting issues are straightforward. A case may be too complex for the flat-fee track when there are disputed assets, a closely held business, contested time-sharing, suspected hidden assets, or significant disagreement about alimony. In those situations, contact our office and we will tell you honestly whether your case qualifies.

For parenting specifics, our Florida parenting plan guide explains what the plan must contain under F.S. 61.13 and the equal time-sharing presumption that took effect July 1, 2023.

Common Mistakes That Get a Florida MSA Rejected

Judges review uncontested agreements for completeness and basic fairness. The agreements most often sent back share a few recurring problems.

• Missing assets or debts: An MSA that omits a retirement account, a vehicle, or a credit card leaves an issue unresolved, and the court cannot enter a final judgment on an incomplete settlement.
• No parenting plan when there are children: Any case with minor children requires a parenting plan under F.S. 61.13. A settlement agreement that mentions the children but lacks a compliant plan and time-sharing schedule will not be approved.
• Child support that ignores the guidelines: Parents cannot simply agree to zero support without a guidelines worksheet under F.S. 61.30 and a stated reason for any deviation.
• Vague property language: Phrases like "each keeps what is theirs" without identifying the specific assets create ambiguity that judges will not approve.
• Unsigned or improperly notarized agreements: Both spouses must sign before a notary. A missing signature or notarization invalidates the document.
• Wrong form or wrong path: Filing a simplified petition when you have minor children, or vice versa, forces you to start over with the correct forms.

Most of these mistakes are invisible to someone filling out a form for the first time, which is precisely why attorney preparation reduces delay.

This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. The Law Office of Antonio G. Jimenez can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.