Marital Settlement Agreement (No Children)

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Florida

TABLE OF CONTENTS

1. Parties and Recitals
2. Jurisdiction and Venue
3. Property Division — Real Property
4. Property Division — Personal Property
5. Property Division — Vehicles
6. Property Division — Financial Accounts
7. Property Division — Retirement and Pension
8. Non-Marital (Separate) Property
9. Debt Allocation
10. Alimony
11. Insurance Provisions
12. Tax Filing and Obligations
13. Mutual Releases
14. Integration Clause
15. General Provisions
16. Execution and Notarization
17. Florida-Specific Notes

1. PARTIES AND RECITALS

Petitioner (Husband/Wife): [FULL LEGAL NAME] ("Petitioner")
Respondent (Husband/Wife): [FULL LEGAL NAME] ("Respondent")

Case Number: [________________________________]
Court: Circuit Court, [________________________________] County, Florida, Family Division

The parties represent and agree:

a. The parties were lawfully married on [__/__/____] in [CITY, STATE/COUNTRY].

b. The marriage is irretrievably broken within the meaning of Fla. Stat. § 61.052.

c. There are no minor children of this marriage, and no party is currently pregnant.

d. Each party has made full and complete financial disclosure through the filing of Financial Affidavits as required by Florida Family Law Rule of Procedure 12.285.

e. Each party has had the opportunity to consult independent legal counsel.

f. This agreement is entered into voluntarily and free from duress.

2. JURISDICTION AND VENUE

a. ☐ Petitioner / ☐ Respondent has been a resident of the State of Florida for at least six (6) months prior to the filing of the Petition for Dissolution, satisfying Fla. Stat. § 61.021.

b. Venue is proper in [________________________________] County.

3. PROPERTY DIVISION — REAL PROPERTY

a. The following real property is awarded to Petitioner:

b. The following real property is awarded to Respondent:

c. The party receiving real property shall be solely responsible for all costs and shall execute a Quit Claim Deed or Warranty Deed within [____] days.

d. ☐ The marital residence shall be sold and net proceeds divided ☐ equally / ☐ as follows: [________________________________].

4. PROPERTY DIVISION — PERSONAL PROPERTY

a. Each party retains all personal property currently in their possession unless specified below.

b. Awarded to Petitioner: [________________________________]

c. Awarded to Respondent: [________________________________]

5. PROPERTY DIVISION — VEHICLES

6. PROPERTY DIVISION — FINANCIAL ACCOUNTS

7. PROPERTY DIVISION — RETIREMENT AND PENSION

Each party retains as non-marital property any retirement benefits earned before marriage.

8. NON-MARITAL (SEPARATE) PROPERTY

Each party confirms that the following is non-marital property:

Petitioner's Non-Marital Property: [________________________________]

Respondent's Non-Marital Property: [________________________________]

9. DEBT ALLOCATION

Each party shall indemnify and hold harmless the other from debts allocated to them.

10. ALIMONY

Select one:

☐ a. Waiver of Alimony. Each party forever waives the right to alimony from the other. This waiver is non-modifiable.

☐ b. Bridge-the-Gap Alimony (Fla. Stat. § 61.08(6); max 2 years, non-modifiable)

• Payor: ☐ Petitioner / ☐ Respondent
• Amount: $[________] per month
• Duration: From [__/__/____] to [__/__/____]

☐ c. Rehabilitative Alimony (Fla. Stat. § 61.08(7); max 5 years; requires specific plan)

• Payor: ☐ Petitioner / ☐ Respondent
• Amount: $[________] per month
• Duration: From [__/__/____] to [__/__/____]
• Rehabilitation Plan: [________________________________]

☐ d. Durational Alimony (Fla. Stat. § 61.08(8); cannot exceed length of marriage)

• Payor: ☐ Petitioner / ☐ Respondent
• Amount: $[________] per month
• Duration: From [__/__/____] to [__/__/____]

Termination Events: Death of either party; remarriage of the recipient; or supportive relationship as defined by Fla. Stat. § 61.14(1)(b).

11. INSURANCE PROVISIONS

a. Health Insurance: Each party shall be responsible for their own health insurance upon final judgment.

b. Life Insurance: ☐ Not applicable / ☐ [Petitioner/Respondent] shall maintain a life insurance policy of at least $[________] naming the other party as beneficiary to secure alimony, through [__/__/____].

12. TAX FILING AND OBLIGATIONS

a. For tax year [____], the parties shall file: ☐ Jointly / ☐ Married Filing Separately.

b. Any refund shall be divided: [________________________________].

c. Any liability shall be allocated: [________________________________].

d.

13. MUTUAL RELEASES

Except as provided herein, each party releases the other from all claims arising out of the marital relationship, including but not limited to claims for elective share, homestead rights, and any interest in the other party's estate.

14. INTEGRATION CLAUSE

a. This Agreement constitutes the entire understanding between the parties.

b. This Agreement shall be incorporated into the Final Judgment of Dissolution but shall survive as an independent contract.

c. No modification shall be valid unless in writing and signed by both parties or ordered by the court.

15. GENERAL PROVISIONS

a. Governing Law: This Agreement shall be governed by Florida law.

b. Severability: Invalid provisions shall not affect the remainder.

c. Attorney's Fees: In enforcement actions, the prevailing party may recover fees per Fla. Stat. § 61.16.

d. Cooperation: Each party shall execute all documents necessary to effectuate this Agreement.

16. EXECUTION AND NOTARIZATION

PETITIONER:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

RESPONDENT:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

NOTARIZATION

State of Florida
County of [________________________________]

The foregoing instrument was acknowledged before me by means of ☐ physical presence / ☐ online notarization this [__/__/____] by [________________________________], who is personally known to me or who has produced [________________________________] as identification.

Notary Signature: ________________________________
Printed Name: [________________________________]
Commission Number: [________________________________]
Commission Expires: [__/__/____]

[NOTARIAL SEAL]

(Repeat for second party)

17. FLORIDA-SPECIFIC NOTES

• Residency: At least one party must have been a Florida resident for six (6) months before filing (Fla. Stat. § 61.021). Proof is typically a Florida driver's license, voter registration, or corroborating affidavit.
• Waiting Period: The court must wait at least 20 days after filing the petition before granting a dissolution (Fla. Stat. § 61.19).
• 2023 Alimony Reform: Permanent alimony has been eliminated for all new petitions filed on or after July 1, 2023. Bridge-the-gap, rehabilitative, and durational alimony remain available. Durational alimony cannot exceed the length of the marriage.
• Financial Disclosure: Mandatory financial disclosure is required under Florida Family Law Rule 12.285. Both parties must file Financial Affidavits (Form 12.902(b) or (c)).
• Equitable Distribution: Florida begins with a presumption of equal distribution of marital assets and liabilities (Fla. Stat. § 61.075(1)).
• No State Income Tax: Florida does not impose a state income tax.
• Homestead Protections: Florida constitutional homestead protections may affect the conveyance of real property. Both spouses must join in any conveyance of homestead property (Art. X, § 4, Florida Constitution).

SOURCES AND REFERENCES

• Florida Statutes Chapter 61 (Dissolution of Marriage; Support; Time-Sharing)
• Florida Family Law Rules of Procedure, Rule 12.285
• Florida Supreme Court Approved Family Law Forms
• SB 1416 (2023 Alimony Reform)

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Florida attorney before use.