MARITAL SETTLEMENT AGREEMENT

(State of Florida)

[// GUIDANCE: Drafted to comply with Fla. Stat. ch. 61 and allied provisions; suitable for incorporation into a Final Judgment of Dissolution of Marriage entered by a Florida Circuit Court (Family Division). Customize bracketed items and Exhibits before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Dissolution & Incorporation
   3.2 Parenting Plan & Time-Sharing
   3.3 Child Support
   3.4 Alimony (Spousal Support)
   3.5 Equitable Distribution of Property
   3.6 Allocation of Liabilities
   3.7 Retirement & Deferred-Compensation Assets
   3.8 Insurance & Security for Support
   3.9 Tax Matters
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibits

1. DOCUMENT HEADER

1.1 Title. Marital Settlement Agreement (this “Agreement”).

1.2 Parties.
(a) [SPOUSE A FULL LEGAL NAME], residing at [ADDRESS] (“Spouse A”).
(b) [SPOUSE B FULL LEGAL NAME], residing at [ADDRESS] (“Spouse B”).

1.3 Recitals.
A. The Parties were lawfully married on [MARRIAGE DATE] in [CITY, STATE] and have been bona-fide residents of the State of Florida for at least six (6) months immediately preceding the filing of their petition for dissolution, as required by Fla. Stat. § 61.021.
B. The Parties separated on or about [SEPARATION DATE] and desire to resolve finally all issues arising from their marriage, including parental responsibility, time-sharing, support, property division, and liabilities.
C. The Parties intend that this Agreement be approved by the [___] Judicial Circuit Court in and for [COUNTY] County, Florida, Family Division (the “Court”), and merged into but survive the Final Judgment of Dissolution of Marriage (the “Final Judgment”).

1.4 Effective Date. This Agreement shall become effective on the date last signed below (the “Effective Date”) and, upon the Court’s ratification, shall be enforceable as an order of the Court.

1.5 Governing Law & Venue. This Agreement is governed by the domestic-relations laws of the State of Florida, including without limitation Fla. Stat. ch. 61 (“Governing Law”). Exclusive venue for any proceeding to interpret or enforce this Agreement shall lie in the Circuit Court, Family Division, for [COUNTY] County, Florida (the “Family Court”).

2. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below:

“Agreement” – this Marital Settlement Agreement, including all Exhibits, as amended from time to time.
“Child(ren)” – the minor child(ren) of the Parties listed in Section 3.2(a).
“Court” – as defined in Section 1.3.
“Equitable Distribution Schedule” – Exhibit C hereto, allocating marital and non-marital assets pursuant to Fla. Stat. § 61.075.
“Parenting Plan” – Exhibit A hereto, satisfying the requirements of Fla. Stat. § 61.13(2)(b).
“QDRO” – a qualified domestic relations order or similar order contemplated by Section 3.7.
“Support Obligations” – collectively, Child Support under Section 3.3 and Alimony under Section 3.4.

[// GUIDANCE: Add additional defined terms as required for complex estates or unique assets (e.g., “Marital Business Interests,” “Restricted Stock Units”).]

3. OPERATIVE PROVISIONS

3.1 Dissolution & Incorporation

(a) Intent. The Parties shall file or have filed a joint or uncontested petition requesting the Court to dissolve their marriage and to incorporate this Agreement into the Final Judgment.
(b) Survival. All obligations herein shall survive the Final Judgment and be enforceable both as a contract and as a court order.

3.2 Parenting Plan & Time-Sharing

(a) Identification of Child(ren).
• [CHILD 1 FULL NAME], born [DOB];
• [CHILD 2 FULL NAME], born [DOB];
[Add rows as necessary.]
(b) Parenting Plan. The Parties adopt and incorporate by reference the Parenting Plan attached hereto as Exhibit A.
(c) Parental Responsibility. The Parties shall share parental responsibility pursuant to Fla. Stat. § 61.13(2)(c), unless otherwise provided in Exhibit A.
(d) Time-Sharing Schedule. Detailed schedules, holiday rotations, and transportation logistics are set forth in Exhibit A.
(e) Modification. Any future modification shall comply with the “best interests of the child” standard under Fla. Stat. § 61.13(3) and require either mutual written agreement or a substantial, material, and unanticipated change in circumstances as determined by the Court.

3.3 Child Support

(a) Guideline Calculation. Child Support has been calculated pursuant to Fla. Stat. § 61.30 and is summarized in Exhibit B (Child Support Guidelines Worksheet).
(b) Monthly Obligation. Commencing on [START DATE] and continuing until each Child reaches the age of eighteen (18) years, graduates high school with a reasonable expectation of graduation before age nineteen (19), marries, becomes emancipated, dies, or as otherwise ordered by the Court, Spouse [PAYOR] shall pay to Spouse [PAYEE] the sum of $[AMOUNT] per month for the benefit of the Child(ren).
(c) Payment Method. Payments shall be made via income withholding to the Florida State Disbursement Unit, unless the Parties execute a written waiver in compliance with Fla. Stat. § 61.13(1)(d).
(d) Health Insurance & Uncovered Expenses. See Exhibit A, Section [V].
(e) Statutory Adjustments. Child Support shall automatically adjust upon occurrence of contingency events (e.g., emancipation of one Child) per Fla. Stat. § 61.30(11)(c).

3.4 Alimony (Spousal Support)

[Select ONE of the following options and delete others.]
OPTION 1 – Waiver. Each Party irrevocably waives and releases all rights to receive alimony of any type, past, present, or future.
OPTION 2 – Bridge-the-Gap Alimony. Spouse [PAYOR] shall pay Spouse [PAYEE] $[AMOUNT] per month for [___] months, beginning [DATE], pursuant to Fla. Stat. § 61.08(5).
OPTION 3 – Durational Alimony. Spouse [PAYOR] shall pay Spouse [PAYEE] $[AMOUNT] per month for [___] years, not to exceed the length of the marriage, pursuant to Fla. Stat. § 61.08(7).

[// GUIDANCE: 2023 statutory amendments cap durational alimony to 50%/60%/75% of marriage length depending on short/medium/long-term classification. Insert correct duration.]

3.5 Equitable Distribution of Property

(a) Classification. The Parties stipulate to the marital and non-marital character of each asset and liability as set forth in Exhibit C, consistent with Fla. Stat. § 61.075(6).
(b) Transfers & Titles. Each Party shall execute all documents necessary to transfer title in accordance with Exhibit C within thirty (30) days after the Effective Date. If a Party fails to comply, the Court is expressly authorized to execute such documents on that Party’s behalf.
(c) Real Property. Specific deeds (e.g., Special Warranty Deed, Quit-Claim Deed) shall be executed and delivered for any real property interests. [// GUIDANCE: Attach legal descriptions and forms as sub-exhibits.]

3.6 Allocation of Liabilities

(a) Marital Debts. Responsibility for the debts listed in Exhibit C is allocated as indicated therein.
(b) Indemnity for Liabilities. See Section 7.1 for mutual indemnification obligations.

3.7 Retirement & Deferred-Compensation Assets

(a) Division Method. Retirement accounts shall be divided by entry of one or more QDROs (template attached as Exhibit E).
(b) Valuation Date. Unless otherwise stated, valuation shall be as of [VALUATION DATE].
(c) Cooperation. Each Party shall cooperate in good faith to obtain plan-administrator approval and court entry of the QDRO(s) within ninety (90) days.

3.8 Insurance & Security for Support

(a) Life Insurance. Spouse [PAYOR] shall maintain life insurance in the minimum face amount of $[AMOUNT] naming the Child(ren) (or a Trust for their benefit) and, if applicable, Spouse [PAYEE] as irrevocable beneficiaries until Support Obligations terminate.
(b) Proof. Annual proof of coverage shall be provided within thirty (30) days of policy anniversary.

3.9 Tax Matters

(a) Filing Status. For tax year [YEAR], the Parties shall file [joint/separate] federal income-tax returns.
(b) Dependency Exemptions. The Parties shall alternate claiming the Child(ren) as dependents per Schedule in Exhibit A, subject to IRS requirements.
(c) Indemnity for Tax Liabilities. See Section 7.1.

4. REPRESENTATIONS & WARRANTIES

4.1 Full Disclosure. Each Party represents that he or she has made full and frank disclosure of all assets, liabilities, and income.

4.2 Independent Counsel. Each Party represents that he or she has had the opportunity to consult independent legal counsel and is entering into this Agreement freely and voluntarily.

4.3 No Undue Influence. Each Party warrants that no fraud, duress, or undue influence has been exerted by the other in connection with this Agreement.

4.4 Survival. The representations and warranties herein shall survive the Effective Date and the Final Judgment.

5. COVENANTS & RESTRICTIONS

5.1 Cooperation. Each Party shall execute all documents and take all actions reasonably necessary to effectuate the terms of this Agreement.

5.2 Confidentiality & Non-Disparagement. The Parties shall keep the terms of this Agreement confidential and shall refrain from disparaging the other Party in the presence of the Child(ren) or third parties.

5.3 Relocation. A Party’s change of residence of 50 miles or more for 60 consecutive days is governed by Fla. Stat. § 61.13001.

5.4 Notice of Material Changes. Each Party shall give the other at least thirty (30) days’ prior written notice of any material change affecting Support Obligations, including job loss or significant income change.

6. DEFAULT & REMEDIES

6.1 Events of Default. A “Default” occurs if a Party:
(a) Fails to make any required payment within ten (10) days after due;
(b) Fails to transfer property or execute documents within stated deadlines;
(c) Violates the Parenting Plan or time-sharing order on two (2) or more occasions within any ninety-day period; or
(d) Otherwise materially breaches this Agreement.

6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the Default and allow a cure period of ten (10) days (or such longer period as required by law).

6.3 Remedies. Upon uncured Default, the non-defaulting Party may:
(a) Seek enforcement and contempt remedies available under Fla. Stat. ch. 61;
(b) Obtain money judgments, wage garnishment, or sequestration of assets;
(c) Seek make-up time-sharing or modification relief; and
(d) Recover reasonable attorney’s fees and costs pursuant to Section 6.4.

6.4 Attorney’s Fees. The prevailing Party in any enforcement action shall be entitled to recover reasonable attorney’s fees and costs, consistent with Fla. Stat. § 61.16.

7. RISK ALLOCATION

7.1 Mutual Indemnification

(a) Scope. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and, as applicable, the Child(ren) from and against any Losses arising out of (i) the Indemnifying Party’s failure to pay any debt allocated to that Party, (ii) breach of this Agreement, or (iii) inaccurate representations herein.
(b) Liability Cap. The aggregate liability of an Indemnifying Party shall be limited to that Party’s share of Marital Assets as allocated in Exhibit C; provided, however, that intentional misconduct, fraud, or failure to pay Support Obligations shall not be subject to such cap.

7.2 Force Majeure

No Party shall be liable for delay or failure in performance (other than monetary obligations) caused by acts of God, war, pandemic, or similar events beyond reasonable control; provided that the affected Party gives prompt notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Family Court Jurisdiction. The Family Court shall retain exclusive jurisdiction over all matters concerning parental responsibility, time-sharing, child support, and alimony.

8.2 Limited Arbitration. The Parties may, by mutual written consent, submit property-distribution disputes (excluding child-related issues) to binding arbitration in accordance with the Florida Arbitration Code, Fla. Stat. ch. 682. Any arbitral award shall be subject to judicial confirmation and shall not contravene public-policy considerations of Fla. Stat. ch. 61.

8.3 Injunctive Relief. Nothing herein limits either Party’s right to seek temporary or permanent injunctive relief, including restraining orders under Fla. Stat. § 741.30, to protect persons or property.

8.4 Jury Trial Waiver. Jury trials are not available in Family Court proceedings; to the extent a jury could otherwise be demanded, each Party knowingly and voluntarily waives such right.

9. GENERAL PROVISIONS

9.1 Entire Agreement. This document, together with its Exhibits, constitutes the entire understanding of the Parties and supersedes all prior agreements.

9.2 Amendment & Waiver. No modification or waiver shall be binding unless in writing, signed by both Parties, and approved by the Court if required.

9.3 Severability. If any provision is held invalid, the remaining provisions shall continue in full force, and the Court is authorized to reform the Agreement to effectuate the Parties’ intent.

9.4 Assignment. Neither Party may assign rights or delegate duties under this Agreement without prior written consent of the other Party and, where required, court approval.

9.5 Successors & Assigns. This Agreement binds and inures to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means (e.g., DocuSign, PDF) shall be deemed originals pursuant to Fla. Stat. § 668.50.

9.7 Headings. Headings are for convenience only and shall not affect interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

[OPTIONAL NOTARIZATION – Recommended]

STATE OF FLORIDA
COUNTY OF [_____]

The foregoing instrument was acknowledged before me this ___ day of _, 20_, by ______ [ ] who is personally known to me / [ ] who produced ________ as identification.

Notary Public, State of Florida
My Commission Expires: __

11. EXHIBITS (list; attach completed versions)

• Exhibit A – Parenting Plan & Time-Sharing Schedule
• Exhibit B – Child Support Guidelines Worksheet
• Exhibit C – Equitable Distribution Schedule (Assets & Liabilities)
• Exhibit D – Financial Affidavits (Florida Family Law Form 12.902(b)/(c))
• Exhibit E – QDRO Template(s) (if applicable)

[// GUIDANCE: Attach each Exhibit in court-approved format. Verify all cross-references (e.g., Section numbers in Parenting Plan) match this Agreement.]

STATUTORY REFERENCES (CORE)

Fla. Stat. § 61.075 – Equitable Distribution
Fla. Stat. § 61.08 – Alimony
Fla. Stat. § 61.13 – Parenting & Time-Sharing
Fla. Stat. § 61.30 – Child Support Guidelines
Fla. Stat. § 61.16 – Attorney’s Fees
Fla. Stat. § 61.13001 – Parental Relocation
Fla. Stat. § 741.30 – Injunction for Protection

[// GUIDANCE: This template provides a robust, court-ready framework. Prior to filing, confirm (1) all statutory dollar-threshold updates, (2) local administrative orders for parenting seminar requirements, and (3) any recent amendments to Fla. Stat. ch. 61.]