The role of the MSA
In an uncontested Florida divorce, the marital settlement agreement is the substantive document, the petition simply asks the court to dissolve the marriage and approve the MSA. The judge reviews the agreement, confirms it is signed and notarized, checks that any child-related terms meet statutory standards, and incorporates the agreement into the Final Judgment of Dissolution of Marriage.
What a Florida MSA must address
A complete Florida MSA covers each of the following areas explicitly. Silence on an issue can leave the parties exposed to future disputes.
- Identification of marital and non-marital property
- Division of every marital asset (real estate, vehicles, accounts, personal property)
- Division of every marital debt
- Alimony, amount, type, duration, and modifiability (or a waiver)
- Reference to the parenting plan, timesharing schedule, and child support worksheet when minor children are involved
- Health and dental insurance arrangements for any minor child
- Tax considerations (filing status for the year of divorce, dependency exemptions where applicable)
- Restoration of a former name, if requested
What courts scrutinize
Florida judges generally accept the parties' agreement on adult financial issues. Child-related terms get closer review against the best-interest standard. A guideline-deviating child support number, for example, requires written findings supporting the deviation. Sloppy drafting on parenting time or holiday schedules is the most common reason an MSA is sent back for revision.
Signing and notarization
Florida requires both spouses to sign the MSA before a notary public. Florida's remote online notarization (RON) statute allows the notary and signer to meet over secure video, which is the standard channel for couples in different cities or states. Witness signatures may also be required depending on the form template used.