Marital Settlement Agreement (MSA)
A Marital Settlement Agreement (MSA) is a Florida Supreme Court approved family law form that documents the agreements reached between spouses during mediation or negotiation. Once signed, it may be submitted to the court as part of an uncontested divorce and, when approved by the judge, becomes part of the Final Judgment.
The MSA serves as the written record of the decisions the parties have made together. Rather than relying on verbal understandings, it clearly outlines each person’s rights and responsibilities moving forward.
Florida Supreme Court Form:
12.902(f)(1), (2), or (3) (depending on the circumstances of the case)
Estimated Time:
30–90 minutes (depending on the complexity of the agreement)
Before You Begin:
Gather information about your assets, debts, and any agreements already reached.
What Is a Marital Settlement Agreement?
The Marital Settlement Agreement addresses the issues the parties have agreed to resolve as part of their divorce. Depending on the circumstances of the case, it may include topics such as:
- Division of assets and debts
- Spousal support (if applicable)
- Responsibility for taxes
- Real estate
- Vehicles
- Bank accounts
- Retirement accounts
- Personal property
- Any other financial agreements
Every agreement is unique. The purpose of the MSA is to accurately document the decisions reached by both parties.
When Is It Required?
A Marital Settlement Agreement is commonly used when spouses reach an agreement regarding the issues in their divorce and want those agreements incorporated into their Final Judgment.
Florida provides different versions of the Marital Settlement Agreement depending on the circumstances of the case, including whether the parties have dependent or minor children and whether they have property or liabilities to divide.
Why Does Florida Require It?
The Marital Settlement Agreement addresses the issues the parties have agreed The court needs a written record of the agreements reached between the parties.
The Marital Settlement Agreement provides clarity by documenting exactly what each person has agreed to. This helps avoid misunderstandings and allows the court to incorporate those agreements into the Final Judgment when appropriate.
How Is It Used During Mediation?
One of the goals of mediation is to help participants work through unresolved issues and reach mutually acceptable agreements.
As agreements are reached, they are ultimately reflected in the Marital Settlement Agreement. The MSA becomes the written summary of those decisions and serves as the document submitted to the court as part of the uncontested divorce process.
What Information Should You Gather Before Completing It?
Before reviewing or completing the Marital Settlement Agreement, it can be helpful to gather information regarding:
- Marital assets
- Outstanding debts
- Real estate
- Vehicles
- Bank accounts
- Retirement accounts
- Personal property
- Existing financial obligations
- Any agreements already reached between the parties
Having this information available can make discussions more productive and help ensure the final agreement accurately reflects the decisions made.
Common Mistakes
Some of the most common issues include:
- Overlooking assets or debts
- Using outdated financial information
- Leaving sections incomplete
- Assuming verbal agreements don’t need to be included
- Failing to review the agreement carefully before signing
The Marital Settlement Agreement is intended to reflect the parties’ final agreements. Taking the time to review it carefully can help prevent confusion later.
Where can I find this form?
Florida Supreme Court Approved Family Law Forms are available on the Florida Courts website. Scroll down, search by the corresponding form number, and download the most current version.
Note: Always confirm that you’re using the most current version before completing or filing a form, as the Florida Supreme Court periodically updates its approved forms.
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