Can the MSA be changed after the divorce is final?

Financial provisions are generally final once incorporated into the judgment, with limited exceptions for fraud or duress. Child support and parenting time may be modified upon a substantial change in circumstances.

Does the MSA need to be filed publicly?

Yes. The MSA is filed with the court and incorporated into the final judgment, both of which are part of the public court file unless sealed for cause.

What happens if we leave an asset out of the MSA?

Florida treats omitted marital assets as held in joint ownership unless the parties later agree otherwise or a court rules. Comprehensive disclosure during drafting avoids this risk.

Can the MSA include indemnification language?

Yes. Florida MSAs commonly include indemnification clauses for jointly held debts being assigned to one spouse, protecting the other if the assigned spouse defaults.

Acuerdo de disolución matrimonial (MSA) en Florida

Guía de divorcio en Florida

Por Aliette Hernandez Carolan, Esq.2 min de lectura

Respuesta rápida

A Florida marital settlement agreement (MSA) is the written contract in which divorcing spouses resolve every financial and parenting issue. It must address property division, debts, alimony (or its waiver), and, when minor children are involved, reference an attached parenting plan and child support worksheet. Both spouses sign and notarize, and the judge incorporates the MSA into the final judgment.

Resolves every issue in writing
Property + debts + alimony
Attaches parenting plan if applicable
Both spouses sign and notarize

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.

Preguntas frecuentes

Can the MSA be changed after the divorce is final?: Financial provisions are generally final once incorporated into the judgment, with limited exceptions for fraud or duress. Child support and parenting time may be modified upon a substantial change in circumstances.
Does the MSA need to be filed publicly?: Yes. The MSA is filed with the court and incorporated into the final judgment, both of which are part of the public court file unless sealed for cause.
What happens if we leave an asset out of the MSA?: Florida treats omitted marital assets as held in joint ownership unless the parties later agree otherwise or a court rules. Comprehensive disclosure during drafting avoids this risk.
Can the MSA include indemnification language?: Yes. Florida MSAs commonly include indemnification clauses for jointly held debts being assigned to one spouse, protecting the other if the assigned spouse defaults.

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Solo para residentes de Florida. Información, no asesoría legal.

The Quick Divorce es un servicio de preparación de documentos de autoayuda para residentes de Florida, fundado y diseñado por Aliette Hernandez Carolan, Esq., abogada de derecho de familia con licencia en Florida. No es un bufete de abogados y no brinda asesoría legal. Esto es información general únicamente.