Marital Settlement Agreements
Bradenton, Lakewood Ranch, Sarasota, and Venice, Florida Marital Settlement Agreement Lawyer
Bradenton, Lakewood Ranch, Sarasota, and Venice, Florida Marital Settlement Agreement Lawyer
Divorce brings a lot of stress, questions, and emotions—especially when your finances, property, or children are involved. You may be worried about whether you’re being treated fairly or pressured to agree to terms that don’t reflect your needs. At the Law Offices of Matthew Z. Martell, P.A., we understand how personal this process is. We don’t just look at the legal details—we look at the whole picture and what truly matters to you. With years of focused experience in Florida family law, our Bradenton, Sarasota, and Venice, Florida divorce attorney is a trusted advocate who knows how to protect your interests while guiding you through difficult decisions with clarity and compassion. This article shares essential information about marital settlement agreements in Manatee County and Sarasota County, Florida; your legal options, and how a trusted and experienced Bradenton, Lakewood Ranch, Sarasota, and Venice, Florida divorce lawyer can help you make smart, informed choices when it matters most.
What Is a Marital Settlement Agreement in Florida?
Legal Definition Under Florida Law — A marital settlement agreement is a written contract between two spouses who are divorcing or separating. In Florida, this type of agreement outlines how you and your spouse will divide your assets, debts, and responsibilities. It can also cover alimony and, if you have children, visitation, custody and child support. Florida law allows and encourages spouses to resolve their divorce terms privately through these agreements, rather than letting a judge make all the decisions for them.
Governing Statutes in Florida — Marital settlement agreements are recognized under Florida Statutes Chapter 61, which deals with dissolution of marriage. Specifically, Florida Statutes § 61.052 covers dissolution procedures, and Florida Statutes § 61.079 allows for a postnuptial agreement if signed after marriage but before filing for divorce. While the law doesn’t require you to use the exact phrase “marital settlement agreement,” Florida courts regularly enforce these contracts if they’re properly written, signed by both spouses, and not the result of fraud, duress, or unfairness.
When It Becomes Legally Binding — After both parties signed and dated the agreement and it’s filed with the court, the judge will usually incorporate it into the final judgment of divorce. At that point, it becomes enforceable as a court order. Even before that, it can still be legally binding as a contract between you and your spouse if all the required conditions are met.
Main Goals of the Agreement — This type of agreement is meant to reduce conflict, save legal fees, and give both spouses more control over their divorce terms. It’s especially useful when both parties are willing to cooperate and settle things outside of court.
What Goes Into a Florida Marital Settlement Agreement?
Dividing Property and Debts — You and your spouse will need to decide how to split your assets and liabilities. Florida uses the rule of equitable distribution, which means the court expects the division to be fair but not necessarily equal. Under Florida Statutes § 61.075, you’re supposed to list all marital property, including your home, cars, bank accounts, retirement savings, and any debts like credit cards or loans. A good agreement should clearly say who gets what and who is responsible for each debt.
Alimony or Spousal Support — You’ll want to address whether either spouse will pay alimony and how much. Florida’s spousal support laws are covered under Florida Statutes § 61.08. That law lists several factors the court looks at, like the length of the marriage, the standard of living, and each person’s income and financial need. You and your spouse can agree on the type of alimony—temporary, bridge-the-gap, rehabilitative, or durational—and put the terms in writing. You should also spell out when it will end, such as after a set number of years or when one of you remarries.
Child Custody and Parenting Plan — If you have children, the agreement needs to include a parenting plan. Florida law requires this under Florida Statutes § 61.13. The parenting plan should include where the child will live, how major decisions will be made, and how much time each parent will spend with the child. You must also include a time-sharing schedule and show that the plan is in the best interest of the child. If it’s missing or incomplete, the judge won’t approve it.
Child Support — You must include the child support amount if you have minor children. Child support in Florida is based on a formula found in Florida Statutes § 61.30. The court will look at each parent’s income, the number of overnight stays the child has with each parent, health insurance, and daycare costs. Even if you and your spouse agree on a different number, the court still has to approve it, and it must be consistent with the child support guidelines.
Insurance and Retirement Accounts — These are sometimes overlooked but important to include. You’ll want to explain who will keep life insurance policies, whether one spouse must keep the other as a beneficiary, and how retirement accounts like 401(k)s, IRAs, or pensions will be divided. These details help avoid confusion or disputes later.
Tax Considerations and Future Changes — You should also cover who will claim the kids on taxes, how to handle tax refunds or liabilities, and whether the agreement can be modified later. You can also state whether the agreement can be changed in the future, and under what circumstances.
What Happens If You Don’t Agree on Everything?
Partial Agreement Is Still Helpful — You don’t need to agree on everything at once — even a partial marital settlement can lock in resolved items like property or debt division. This narrows what’s left for court, helping save time and legal fees.
Unresolved Issues Go to the Judge — Anything you can’t settle goes before a judge under Florida Statutes § 61.052 and Florida Statutes § 61.075 — including property, alimony, or child custody. The more you resolve yourselves, the less power the court has over personal matters.
You Can Use Mediation to Keep Control — Florida courts may order mediation under Florida Statutes § 44.102 — a private session with a neutral party to help find middle ground. It’s often quicker and cheaper than trial, and agreements made can become part of the final settlement.
You Still Want a Lawyer, Even If You’re Close — Legal guidance ensures your agreement is valid — Florida law requires that it’s voluntary and informed. A Bradenton, Lakewood Ranch, Longboat Key, Sarasota, Siesta Key, and Venice, Florida divorce attorney can help protect your interests and confirm everything holds up in court.
How the Divorce Court Views a Marital Settlement Agreement
Judges Review for Fairness and Compliance — A marital settlement agreement is a contract, but it’s not official until a judge reviews and accepts it. Under Florida Statutes § 61.079, the court ensures it’s legal, voluntary, and not overly one-sided. If one spouse gives up everything with no clear reason, the judge might intervene.
Child-Related Terms Get Extra Scrutiny — When children are involved, the court applies the “best interest of the child” standard from Florida Statutes § 61.13. Even mutual agreements on time-sharing or support can be rejected if they violate Florida Statutes § 61.30 or harm the child’s well-being.
Unequal Doesn’t Always Mean Unfair — Florida law allows flexibility if both spouses knowingly agree. Uneven terms—like trading alimony for property—are usually approved if there was full disclosure and legal advice.
Once It’s Approved, It’s Legally Binding — After approval, the agreement becomes part of the final judgment and enforceable under Florida Statutes § 61.16. Clear, lawful terms help avoid future disputes or the need for enforcement through court.
Steps To Finalize A Marital Settlement Agreement In Bradenton, Sarasota, and Venice, Florida
Talk With a Lawyer First — Begin by consulting a Bradenton, Lakewood Ranch, Longboat Key, Sarasota, Siesta Key, Casey Key, and Venice, Florida family law attorney. He or she will explain your rights, how Florida divorce law applies, and help shape a fair and enforceable agreement. This ensures your approach is legally grounded from the start.
Exchange Financial Disclosures — Both spouses must exchange financial affidavits detailing income, assets, and debts. Florida Rule 12.285 mandates this step and skipping it can jeopardize the agreement’s validity later.
Draft the Agreement — A divorce attorney drafts the agreement using clear language that reflects your decisions on property, support, and parenting. It must meet the requirements of Florida law to hold up in court.
Review and Revise as Needed — You and your spouse, or his/her attorney, go over the draft to see if anything needs to be changed. It’s normal to go back and forth a few times. The goal is to make sure you both agree on every part and that nothing is confusing or left out.
Sign and Notarize — Once you both agree on everything, you each sign, date, initial, and witness the agreement in front of a notary. Florida courts require a properly executed agreement. Witnessing and notarization helps avoid disputes over authenticity later.
File It With the Court — The fully executed Marital Settlement Agreement is submitted with in your divorce as part of the ongoing case. Under Florida Statutes § 61.052, it becomes part of the official court record and final judgment.
Complete the Final Hearing — The judge will review your agreement and confirm that it meets legal standards. If everything is in order, the court will approve it and make it part of your divorce judgment. The judge can reject parts of the agreement if they are unfair or go against Florida public policy, especially when children are involved.
How Long It Takes To Finalize A Marital Settlement Agreement
The time it takes to finalize a Marital Settlement Agreement largely depends on how much you and your spouse agree. If most terms are already settled—perhaps through mutual discussions and mediation—the process may be simplified and wrap up in just a few months. But if key issues remain unresolved, negotiations can stretch out over several months to 2 – 3 years. Even after both parties reach consensus, finalizing through the Manatee County and Sarasota County, Florida court system may face delays. Drafting and revisions also affect timing, especially in complex cases or when one side is slow to respond. Fortunately, once the agreement is complete and legally compliant, a judge can promptly approve it.
What If You Want to Change Your Marital Settlement Agreement Later?
If you want to change your Marital Settlement Agreement in Florida after your divorce is finalized, in theory you can—but only under certain conditions. Florida law (Florida Statutes § 61.14) allows modifications when there’s been a substantial, unexpected change in circumstances, like job loss, serious illness, or changes in a child’s needs. To request a change, you must file a Supplemental Petition to Modify in the same court that handled your divorce, serve the other party, and go through legal procedures such as mediation or hearings. While terms about alimony or child custody may be modified, property division is usually final unless fraud is proven.
What to Do If Your Spouse Won’t Sign the Agreement
When You Can’t Reach a Deal — A marital settlement agreement must be voluntary. No one can be forced to sign a marital settlement agreement. It’s only valid if both spouses agree to its terms freely. If your spouse won’t sign, then you don’t have a full agreement. In that case, you move forward with a contested divorce under Florida Statutes Chapter 61, where a judge decides what happens.
Other Options Before Going to Court — Mediation is often required first. Most Florida courts require both spouses to try mediation before scheduling a final court hearing. This is a chance to work out disagreements with help from a neutral third party. It can save time and money, and many couples find resolution there. If mediation fails, the case eventually goes to trial.
How the Court Handles Disagreements — The judge will decide for you. When spouses can’t agree, the judge looks at each issue one by one—property division, alimony, child custody, and so on. They’ll follow Florida’s divorce laws and make decisions based on fairness, not necessarily what either spouse wants. Once the judge makes a decision, that ruling becomes part of the final divorce judgment.
Mistakes to Avoid in a Florida Marital Settlement Agreement
Skipping Full Financial Disclosure — Failing to fully disclose assets or income can void the agreement. Under Florida Rule 12.285, both parties must share complete financial details—including income, debts, property, and expenses—before signing. Incomplete disclosure risks the court later invalidating the deal.
Leaving Out Key Issues — If a term isn’t written into the agreement, it may not be enforceable. Common omissions include debt responsibilities or how decisions for a child’s schooling and health care will be made. These gaps can cause confusion and may require future court involvement.
Using Vague or Confusing Language — Vague or broad terms often lead to disagreements. Precise language—such as fixed times for timesharing instead of “reasonable visitation”—helps ensure enforceability and reduces room for conflict later on.
Not Having a Lawyer Review It — Even with mutual agreement, not having a lawyer review the document can lead to major problems. A trusted and experienced Bradenton, Sarasota, and Venice, Florida divorce attorney can identify legal flaws, clarify language, and make sure the terms protect your rights under Florida law. Without legal input, costly mistakes might go unnoticed.
Why You Need a Bradenton, Sarasota, and Venice, Florida Marital Settlement Agreement Attorney
Protecting Your Legal Rights — Trying to navigate a marital settlement agreement on your own can leave you exposed. Florida divorce laws are complex, and if you don’t understand your legal rights, you could agree to terms that hurt you financially or affect your parental rights. A Bradenton, Lakewood Ranch, Sarasota, and Manasota Key, and Venice, Florida divorce attorney can make sure you know what you’re entitled to under Florida Statutes § 61.075 (equitable distribution), Florida Statutes § 61.08 (alimony), and Florida Statutes § 61.13 (parenting plans and child support).
Avoiding Unfair or Invalid Terms — It’s not unusual for one spouse to be in a stronger financial or emotional position than the other. A lawyer helps level the playing field. If your spouse tries to push you into signing something that isn’t fair or doesn’t follow Florida law, your attorney can step in and fix it— or fight it in court if necessary.
Getting the Agreement Done Right the First Time — If the marital settlement agreement is poorly written or doesn’t include everything it should, the court may reject it. Or worse, you could end up with an agreement that creates new problems later. An experienced Bradenton, Sarasota, Siesta Key, and Venice, Florida divorce lawyer knows what to include, what language to avoid, and how to make sure the document stands up in court.
Keeping the Process Faster and Less Expensive — While it may seem cheaper to handle everything yourself or use online forms, mistakes often lead to court battles, delays, and extra fees. When both parties have legal guidance from the start, you’re more likely to resolve everything efficiently and avoid long-term disputes.
Local Experience Matters — Laws are statewide, but judges and court procedures can vary by county. A Sarasota County and Manatee County, Florida marital settlement agreement lawyer will be familiar with local court expectations, filing procedures, and judicial preferences in the Twelfth Judicial Circuit of Florida. That kind of knowledge can help your agreement get approved smoothly.
