Florida Separation Agreement PDF: MSA or Postnuptial Forms

Florida does not publish a document called a “separation agreement,” so searching for a Florida separation agreement PDF will not turn up an official state form. What Florida offers instead is a set of Marital Settlement Agreement PDFs from the Florida Supreme Court, used when you file for divorce, plus the option of a privately drafted postnuptial contract if you want written terms without ending the marriage. Which Marital Settlement Agreement form you download depends on whether you have minor children, whether you have property to divide, and whether you qualify for the simplified dissolution process.

Why There Is No Florida Separation Agreement Form

Florida Statutes Chapter 61 recognizes only two marital statuses: married or divorced. The statute states plainly that “No dissolution of marriage is from bed and board, but is from bonds of matrimony.”1Florida Senate. Florida Statutes Chapter 61 – Dissolution of Marriage; Support; Time-sharing There is no court-issued separation decree and no judicial process to formalize living apart. That means no agency, court, or self-help center issues a “separation agreement” PDF, because the status the document would memorialize does not legally exist in Florida.

Couples who need written terms use one of two tools. If you are filing for divorce, you use a Marital Settlement Agreement, which becomes part of the final judgment once a judge approves it. If you want to stay legally married but live apart with agreed terms, you use a postnuptial contract, which is a private agreement enforced under general contract law.

The Three Marital Settlement Agreement PDFs

The Florida Supreme Court publishes three fillable Marital Settlement Agreement forms through the state court system. Pick the one that matches your family situation.

Each PDF walks you through real estate, personal property, financial accounts, debts, and alimony. The version for families with children connects to a separate parenting plan covering time-sharing and parental decision-making. Using the state’s own templates is the surest way to avoid language a judge will reject.

Who Qualifies for Simplified Dissolution

The simplified process is faster but has strict requirements. All of the following must be true:

  • Both spouses agree the marriage is irretrievably broken.
  • There are no minor or dependent children, and the wife is not pregnant.
  • You have already agreed on how to divide all assets and debts.
  • Neither spouse is seeking alimony.
  • Both spouses waive the right to trial and appeal.
  • Both spouses attend the final hearing together.
  • At least one spouse has lived in Florida for the six months before filing.5Florida Courts. Joint Petition for Simplified Dissolution of Marriage

Miss any one of these and you file a regular petition for dissolution instead, with Form 12.902(f)(1) or 12.902(f)(2).

If You Are Not Divorcing: Postnuptial Contract

If you want written terms while staying legally married, you need a postnuptial agreement. Florida has no statute dedicated to postnuptial agreements the way Section 61.079 governs premarital agreements,6Florida Senate. Florida Statutes 61.079 – Premarital Agreements and no standardized court PDF exists. Courts enforce these contracts under general contract law, upholding them when both spouses signed voluntarily, made full financial disclosure, and the terms are not unconscionable. Because there is no template and no judicial review before signing, having an attorney draft or review the document is strongly worth it.

Information to Gather Before You Open the PDF

Fill the form once. Hunting for figures after the fact is where inconsistencies creep in.

  • Full legal names, current addresses, and dates of birth for both spouses.
  • Legal descriptions, market values, and mortgage balances for every piece of real estate.
  • Current statements for bank, brokerage, and investment accounts.
  • Valuations for 401(k)s, pensions, IRAs, and other retirement plans. Dividing one of these requires a Qualified Domestic Relations Order issued or formally approved by the court, which is separate from your Marital Settlement Agreement and is often handled by a QDRO specialist.7U.S. Department of Labor. QDROs Chapter 1 – Qualified Domestic Relations Orders: An Overview
  • Payoff amounts for mortgages, vehicle loans, credit cards, student loans, and personal loans.
  • Recent pay stubs and tax returns for the required financial affidavit.
  • If you have minor children: their full names, dates of birth, and Social Security numbers for Form 12.902(j), Notice of Social Security Number.8Florida Courts. Florida Supreme Court Approved Family Law Form 12.902(j) – Notice of Social Security Number

Forms You Will File With the Agreement

The Marital Settlement Agreement does not stand alone. Several companion forms must be filed with it.

Financial Affidavit

Each spouse files a sworn financial affidavit. The form depends on your individual gross income:

These are sworn under oath. Intentionally hiding assets or understating income is perjury, and incomplete disclosure is one of the main reasons courts later set aside settlement agreements. Both affidavits must be filed alongside your Marital Settlement Agreement.2Florida Courts. Florida Supreme Court Approved Family Law Form 12.902(f)(1) – Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Children

Parenting Plan and Child Support Worksheet

If you have minor children, you also need a parenting plan on Form 12.995(a). At a minimum it must cover how parents share daily responsibilities, a time-sharing schedule with overnights, which parent handles healthcare and school decisions, and how parents will communicate with the children.11Florida Courts. Florida Supreme Court Approved Family Law Form 12.995(a) – Parenting Plan

You also file a Child Support Guidelines Worksheet, Form 12.902(e).12Florida Courts. Florida Family Law Rules of Procedure Form 12.902(e) – Child Support Guidelines Worksheet Florida uses an income shares model: the guideline amount is based on the number of children and both parents’ combined net income, divided proportionally according to each parent’s earnings. If each parent has the children for at least 20 percent of overnights in a year (73 nights), the calculation uses a gross-up method that adjusts for shared expenses. A judge can deviate from the guidelines, but uncontested agreements that follow the worksheet are typically approved without pushback.

Signing and Filing

Both spouses must sign the completed Marital Settlement Agreement, and both signatures must be witnessed by a notary public or deputy clerk.2Florida Courts. Florida Supreme Court Approved Family Law Form 12.902(f)(1) – Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Children Florida caps notary fees at $10 per notarial act.13Florida Senate. Florida Statutes 117.05 – Use of Notary Commission Each spouse should keep an original signed copy.

File the original with the Clerk of the Circuit Court in the county where the divorce petition was filed. Filing fees for a dissolution of marriage run approximately $400, with slight variation by judicial circuit.14Pasco County Clerk, FL. Family Court Fees and Costs In an uncontested case, the respondent can sign a Waiver of Service of Process so no process server is needed.

If a nonlawyer helps you complete any of these forms, that person must give you a Disclosure from Nonlawyer (Form 12.900(a)) and list their name, address, and phone number on every form they help with.2Florida Courts. Florida Supreme Court Approved Family Law Form 12.902(f)(1) – Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Children

Changing the Agreement Later

Not every part of a signed Marital Settlement Agreement is equally flexible. Under Section 61.14, either party can petition the circuit court to increase or decrease support, alimony, or maintenance when circumstances or financial ability change substantially, and a child reaching the age of majority counts as a changed circumstance. Modifications can be made retroactive to the date the modification petition was filed.15Florida Senate. Florida Statutes 61.14 – Enforcement and Modification of Support, Maintenance, or Alimony Agreements or Orders

Property division terms are generally final and much harder to reopen, which is why thorough financial affidavits matter so much the first time through. A court can set aside the property division if it later finds a spouse hid assets or lied on the affidavit, but proving that after the fact is expensive and uncertain. If a former spouse stops making court-ordered support payments, you can file a motion for contempt in the same circuit court.15Florida Senate. Florida Statutes 61.14 – Enforcement and Modification of Support, Maintenance, or Alimony Agreements or Orders