A Florida marital settlement agreement is a written document where spouses record the terms of their divorce, such as who keeps which assets and debts. Florida's property division law, Section 61.075 of the Florida Statutes, says the court may provide for equitable distribution of the marital assets and liabilities.[1] Build your own with our free marital settlement agreement Florida form below, then download and print it.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Florida law. If you notice an error or outdated information, please contact us.
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Florida's main law on dividing property in a divorce is Section 61.075 of the Florida Statutes. It says the court may provide for equitable distribution of the marital assets and liabilities without regard to alimony for either party.[1] The same section also covers:
People call this document a marital settlement agreement, a divorce settlement agreement, a marriage settlement agreement or a separation agreement. Search for the name your court or lawyer uses.
Section 61.075 provides for equitable distribution of the marital assets and liabilities. Here is the statute's own wording.
The court may provide for equitable distribution of the marital assets and liabilities without regard to alimony for either party.
In plain words, the court may divide marital assets and debts on an equitable basis. It does this without regard to alimony for either spouse.[1]
In distributing the marital assets and liabilities, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors.[1]
Some assets and debts are not marital. Section 61.075 lists assets and liabilities excluded from the marital assets and liabilities by a valid written agreement of the parties. It also lists assets acquired and liabilities incurred in exchange for them.[1] A Florida family lawyer can tell you whether a specific agreement counts as valid.
Florida sets a cut-off date for deciding which assets and liabilities are marital. It is the earliest of these dates:
The date for determining the value of marital assets and the amount of marital liabilities is the date or dates the judge finds just and equitable under the circumstances.[1]
A marital settlement agreement is a written document where spouses set out the terms of their split. Many couples cover how they will divide property and debts, whether one spouse will make financial support payments, and how they will share parenting. These are common topics. Set out only what you and your spouse have actually agreed.
Our general marital settlement agreement template shows how the document is laid out. This page adds the Florida property rules above.
Under Section 61.08 of the Florida Statutes, the court may grant alimony to either spouse as temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable. If the spouse seeking alimony has a need for it and the other spouse has the ability to pay, the court considers all relevant factors in setting the form of alimony. The list includes the duration of the marriage, the standard of living established during the marriage, and the resources and income of each spouse. A spouse may claim alimony and suit money in the petition or by motion (Section 61.071 of the Florida Statutes).[4]
Child support follows the guidelines in Sections 61.29 and 61.30 of the Florida Statutes. The guideline amount presumptively sets the amount the court must order as child support for a minor child.[4]
These are easy slips to make when you write the agreement yourself:
Popular Local Marital Settlement Agreement Forms
A marital settlement agreement, also known as a separation agreement, is a convenient instrument that might enable you to negotiate the divorce and avoid needless stress. The following are the states the people of which search for this form the most.
A settlement agreement is only one part of ending a marriage. Court rules, forms and deadlines can change, so confirm them with the clerk of court or a Florida family lawyer before you file. These steps cover what you can do with this document.
To get a divorce in Florida, one of the spouses must have lived in Florida for 6 months before the petition is filed (Section 61.021 of the Florida Statutes).[2]
The court grants a divorce only if the marriage is irretrievably broken or one of the spouses is mentally incapacitated (Section 61.052 of the Florida Statutes).[3]
These answers come from Section 61.075, the Florida property division law covered above. They explain how Florida handles marital property and which assets a written agreement can keep out of the marital estate. For your own case, ask a Florida family lawyer.
Section 61.075 provides for equitable distribution of the marital assets and liabilities. The court may provide for it without regard to alimony for either party.[1]
Florida's property division law provides for equitable distribution of the marital assets and liabilities, without regard to alimony for either party.[1] That is the property division rule this page covers.
Section 61.075 treats two kinds of items as nonmarital:
Under Section 61.075, items excluded by a valid written agreement of the parties are nonmarital. So are assets acquired and liabilities incurred in exchange for them.[1]
A written agreement is one route the statute recognizes for keeping an asset out of the marital estate.[1] A Florida family lawyer can say how this applies to property you owned before the marriage.
General information, not legal or tax advice.
Other Marital Settlement Agreement Forms by State
