A Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) is the binding written contract that two parents in Florida sign to settle every issue in their divorce, and Florida Family Law Rules of Procedure Form 12.902(f)(2) is the official template the Florida Supreme Court approves for that purpose. You fill it out by listing the parties, attaching a Parenting Plan, dividing assets and debts, calculating child support under Florida Statute §61.30, and signing in front of a notary so the judge can adopt the agreement into the Final Judgment of Dissolution of Marriage.
Roughly 67,000 Florida marriages end in divorce each year, and the CDC’s most recent divorce data shows Florida has one of the highest divorce rates in the country at about 3.4 per 1,000 residents. The choices you make on this form will shape your finances, your time with your children, and your tax filings for years.
Here is what you will learn in this guide:
- 📝 How to complete every paragraph of Form 12.902(f)(2) line by line
- 👨👩👧 How a Parenting Plan attaches and controls timesharing decisions
- 💵 How to calculate child support using the Florida Child Support Guidelines Worksheet
- ⚖️ How equitable distribution under §61.075 splits assets and debts
- 🚫 The seven biggest mistakes self-represented parents make and how to dodge them
What Form 12.902(f)(2) Is and Why It Exists
Florida law requires divorcing couples with dependent or minor children to resolve far more than just who gets the house. Under Florida Statute §61.052, the court must find the marriage is irretrievably broken, but it must also approve a complete plan for the children’s care, support, and finances before issuing a Final Judgment.
Form 12.902(f)(2) is the Florida Supreme Court approved form that consolidates all of those decisions into one notarized contract. The form ties together the Parenting Plan (Form 12.995(a)), the Child Support Guidelines Worksheet (Form 12.902(e)), and the financial affidavits required by Rule 12.285.
Plain-English Purpose
The agreement turns private negotiations into a public, enforceable court order once the judge signs it. If you ignore the requirement and skip the form, the court will not enter a final judgment, and your case will sit on the docket until you comply. For example, Carlos and Bianca Reyes in Hillsborough County tried to file only a typed letter of agreement, and the judge struck it from the record because it lacked the Parenting Plan attachment.
A common misconception is that a verbal handshake between parents is enforceable. It is not. Only a written, notarized, court-adopted agreement can be enforced through contempt under §61.13(4)(c).
Who Should Use the (f)(2) Version
You use Form 12.902(f)(2), not (f)(1) or (f)(3), when you have at least one child under 18 or a dependent adult child. The (f)(1) version is for couples with no minor or dependent children, and the simplified dissolution under Form 12.901(a) is unavailable to anyone with children.
Pick the wrong form and the clerk will reject your filing, costing you weeks. Janelle Brown in Duval County filed an (f)(1) by mistake even though she had a 9-year-old, and her hearing was reset 47 days later.
The misconception here is that any “settlement” form will do. The Florida Supreme Court designed each form for a specific family structure, and the rules do not allow substitution.
When You Can and Cannot Use This Form
The form only works when both spouses agree on every issue. If even one paragraph is contested, you must instead set the case for trial under Florida Family Law Rule 12.440 and let the judge decide the disputed items.
Florida is a no-fault state, so you do not have to prove adultery, abuse, or abandonment to use the form. You only need to allege the marriage is irretrievably broken or that one party has been mentally incapacitated for at least three years under §61.052(1)(b).
Residency and Jurisdiction
At least one spouse must have lived in Florida for six months before filing, proven by a driver’s license, voter registration, or a corroborating witness affidavit. Without this proof, the court has no subject-matter jurisdiction and any judgment is void.
The consequence of skipping residency proof is severe. Marcus and Lila Tan moved from Georgia in March and filed in July, and the judge dismissed their petition because neither met the six-month threshold. They had to refile in September and pay a second filing fee.
A common misconception is that owning property in Florida counts as residency. It does not. Physical presence with intent to remain is the legal standard under Gillman v. Gillman, 413 So. 2d 412.
Cases Where the Form Will Not Work
The form does not work in cases involving active domestic violence injunctions that prohibit contact, because shared-parental-responsibility presumptions shift under §61.13(2)(c)2. It also will not work if one spouse is a service member protected by the Servicemembers Civil Relief Act and has not waived those rights in writing.
If a child has special needs that will continue past 18, the agreement must address dependent adult child support explicitly, or the support obligation ends at age 18 by default.
Section-by-Section Walkthrough of the Form
The form contains 13 numbered paragraphs plus signature and notary blocks. Every paragraph carries legal weight, and skipping one creates ambiguity that can take years and thousands of dollars to litigate.
Paragraph 1 — Marital Assets and Liabilities
This paragraph divides everything you own and owe under the equitable-distribution rules of §61.075. The default is a 50/50 split of marital property, meaning anything acquired during the marriage, while non-marital property such as pre-marriage assets or inheritances stays with the original owner.
You must list each asset with its fair-market value and each debt with its current balance. The consequence of leaving an asset off is that an omitted asset can be relitigated under §61.075(7) even after the divorce is final.
For example, Priya and Anand Kapoor forgot to list a 2017 Honda Odyssey, and Priya filed a supplemental petition two years later that forced a new trial on that asset alone.
A common misconception is that titles control ownership. Title is only one factor. Source of funds and timing of acquisition are equally important under Robbie v. Robbie, 591 So. 2d 1006.
Paragraph 2 — Real Property
Here you address the marital home, vacation property, and any rental real estate. You must specify whether the home will be sold, refinanced, or kept by one spouse, and you must include a deadline for the action.
The consequence of vague language is that the lender will not release a non-occupying spouse from the mortgage, leaving that spouse on the hook if payments stop. Derrick Holloway of Tampa stayed liable on his ex-wife’s mortgage for four years because the agreement said only “wife will refinance when able,” with no deadline.
A common misconception is that a quitclaim deed alone removes a spouse from a mortgage. It does not — only a refinance or assumption removes the mortgage liability under federal lending rules.
Paragraph 3 — Personal Property
This paragraph covers furniture, vehicles, jewelry, and household goods. List items by category if values are low, but list each vehicle by VIN and each financial account by the last four digits.
| Approach to Listing | Likely Outcome |
|---|---|
| Generic “household goods to wife” | Disputes if items are missing |
| Itemized list with photos attached | Clean handoff and no relitigation |
The consequence of being too vague is that police will not enforce a “civil standby” pickup if items are not specifically described. Tia Washington learned this when deputies refused to escort her to retrieve a piano she described as “musical instruments.”
Paragraph 4 — Retirement, Pension, and IRA Plans
Defined-benefit pensions and 401(k) plans usually need a Qualified Domestic Relations Order (QDRO) drafted under ERISA. The agreement must name the plan, specify the percentage or dollar amount, and state who pays the QDRO drafting fee, which typically runs $400-$1,200.
Without a QDRO, the plan administrator legally cannot pay the non-employee spouse anything, no matter what the divorce decree says. Esperanza and Roberto Lima waited five years to draft a QDRO, and Roberto retired and started drawing benefits, leaving Esperanza fighting for her share through a separate enforcement action.
A common misconception is that IRAs need a QDRO. They do not — IRAs transfer through a trustee-to-trustee transfer under IRC §408(d)(6), which is much simpler and free.
Paragraph 5 — Alimony
Florida overhauled alimony in 2023 with SB 1416, eliminating permanent alimony and creating four types: temporary, bridge-the-gap, rehabilitative, and durational. Your agreement must specify the type, amount, duration, and whether the obligation is modifiable.
The post-2018 Tax Cuts and Jobs Act treatment matters: alimony is no longer deductible to the payor or taxable to the recipient for any divorce finalized after December 31, 2018. Failing to address modifiability locks both parties into the original number even if the payor loses a job.
For example, Quentin Albright lost a $180,000 sales job, but his agreement said alimony was “non-modifiable,” and he kept paying $4,000 a month from unemployment. A common misconception is that remarriage automatically ends all alimony — it ends only durational and rehabilitative alimony, not bridge-the-gap, under §61.08.
Paragraph 6 — Child Support
Child support is calculated using the Child Support Guidelines Worksheet (Form 12.902(e)), which factors in both parents’ net incomes, health insurance, daycare, and the number of overnights with each parent. The result is a presumptive amount the court will accept unless the parties show a reason to deviate by more than 5 percent.
The consequence of underreporting income is that the Florida Department of Revenue Child Support Program can audit the support order and seek retroactive arrears for up to 24 months under §61.30(17). Nia Patterson hid $22,000 of 1099 income, and DOR later assessed $7,400 in back support plus interest.
A common misconception is that “50/50 timesharing means no child support.” It does not. The higher earner still pays the lower earner unless incomes are nearly identical, per the gross-up method in §61.30(11)(b).
Paragraph 7 — Health and Dental Insurance for Children
The agreement must say which parent provides coverage, who pays the premium, and how uncovered medical expenses are split. The default split mirrors the income percentages on the child support worksheet.
Without a clear allocation, parents fight over every $40 copay. Hector Velasquez and his ex-wife litigated 18 separate small-claims actions over orthodontia bills because their agreement said only “shared equally.”
A common misconception is that Medicaid or Florida KidCare relieves the obligation. It does not. The non-custodial parent must still provide private coverage if available at reasonable cost under §61.13(1)(b).
Paragraph 8 — Parenting Plan and Time-Sharing Schedule
You must attach a completed Parenting Plan, Form 12.995(a), which addresses decision-making, daily schedule, holidays, transportation, and communication. Florida law presumes shared parental responsibility unless there is evidence of detriment under §61.13(2)(c).
In 2023, HB 1301 created a rebuttable presumption of equal timesharing, meaning 50/50 is the starting point. The consequence of not attaching the plan is automatic rejection of the agreement by the clerk.
For example, Olivia and Trent Marsh attached a one-page schedule but skipped Form 12.995(a), and the judge ordered them to redo and re-notarize the entire agreement. A common misconception is that “joint custody” is a Florida term — it is not; Florida uses “shared parental responsibility” and “time-sharing.”
Paragraph 9 — Tax Issues and Dependency Exemption
Although the federal dependency exemption is suspended through 2025 under the TCJA, the Child Tax Credit of up to $2,000 per child still flows to whichever parent claims the child. Your agreement should rotate the credit, split it among children, or assign it to the higher-earning parent who benefits most.
If you stay silent, the IRS awards the credit to the parent with the most overnights, which can cost the other parent thousands. Felix Ono lost $4,000 in credits over two years because his agreement never mentioned the issue.
A common misconception is that the parent paying child support automatically claims the child. The IRS uses the qualifying child residency test, not state child-support orders, under IRC §152.
Paragraph 10 — Name Change
Either spouse may restore a former name under §61.041, but the request must be in the agreement and the Final Judgment. If you forget, you must later file a separate civil name-change petition costing about $400 and requiring fingerprinting.
The consequence of skipping this paragraph is the cost and delay of a separate proceeding. Yvette Calderon paid $431 plus a Florida Department of Law Enforcement background check just to undo the omission.
A misconception is that the Social Security Administration accepts a verbal request. It does not. SSA requires a certified Final Judgment expressly restoring the name.
Paragraph 11 — Other Provisions
This catch-all paragraph is where you put life-insurance requirements securing child support, college-tuition agreements, pet custody, and any non-disparagement clauses. Florida courts cannot order college tuition unless the parents agree to it in writing here, per Madson v. Madson, 636 So. 2d 759.
The consequence of leaving items out is that the court has no authority to enforce them later. Reed and Camille Foster shook hands on splitting college costs but never wrote it down, and the court refused to enforce the deal.
A misconception is that the court will enforce “best interests” arguments for items not in the agreement. It will not — enforcement requires a written term.
Paragraph 12 — Complete Agreement and Severability
This boilerplate paragraph confirms the document is the entire agreement and that one bad clause does not void the rest. Do not strike it; courts rely on it to save agreements that contain a single defective provision.
Paragraph 13 — Signatures and Notarization
Both spouses must sign in the presence of a Florida-commissioned notary or two witnesses for some clauses. Online notarization through a Florida Remote Online Notary (RON) is allowed under §117.201.
If only one spouse notarizes, the agreement is voidable. Sasha and Diego Romano signed on different days, but Diego skipped the notary, and the judge refused to enter the Final Judgment until they re-executed the document.
Three Real-World Scenarios
The fastest way to understand the form is to see how typical families fill it out. Each scenario below shows how a single decision changes the outcome.
Scenario 1 — Equal Timesharing, Disparate Incomes
| Family Choice | Legal Result |
|---|---|
| 50/50 overnights, dad earns $120k, mom earns $40k | Dad pays roughly $850/month child support under §61.30 |
| Dad claims child tax credit every year | Mom loses about $2,000/year in credits |
Scenario 2 — Majority Timesharing With Relocation Clause
| Family Choice | Legal Result |
|---|---|
| Mom has 280 overnights, dad has 85 | Dad pays full guideline support, no gross-up adjustment |
| Agreement bars relocation beyond 50 miles without consent | Mom must petition under §61.13001 to move farther |
Scenario 3 — Special-Needs Child Past Age 18
| Family Choice | Legal Result |
|---|---|
| Agreement extends support past 18 under §61.1255 | Support continues until child becomes self-supporting |
| Parents share medical decision-making | Either parent can sign for treatment without the other |
Mistakes to Avoid
Self-represented filers make predictable errors that delay or destroy their cases.
- Skipping the Parenting Plan attachment. The judge cannot approve the agreement without Form 12.995(a), and your hearing will be reset.
- Using outdated form versions. The Florida Bar updates forms quarterly, and clerks reject anything more than two cycles old.
- Failing to list every debt. Omitted debts remain joint, and creditors can chase either spouse regardless of the agreement.
- Forgetting life-insurance language to secure support. If the payor dies, the children get nothing without a written insurance term under §61.13(1)(c).
- Writing “to be determined” anywhere. Courts reject agreements with open terms because they are unenforceable.
- Notarizing on different days without proper jurat language. Many clerks reject split notarizations even though they are technically allowed.
- Ignoring tax-credit allocation. The default IRS rule may not favor either parent, so you should write it down.
- Not addressing the QDRO drafting fee. Both parties later refuse to pay, and the QDRO never gets filed.
- Failing to specify a refinance deadline. The departing spouse stays on the mortgage indefinitely.
- Skipping the name-change paragraph. A separate civil action becomes necessary.
Do’s and Don’ts
These quick rules keep your agreement enforceable and clean.
- Do complete a Family Law Financial Affidavit (Form 12.902(b) or (c)) before negotiating, because accurate numbers prevent later fraud claims.
- Do exchange Mandatory Disclosure documents under Rule 12.285, which include three years of tax returns and bank statements.
- Do use specific dates and dollar amounts, because vague terms are unenforceable.
- Do initial every page, since some judges require it as proof of review.
- Do keep three signed originals, one for each spouse and one for the court.
- Don’t copy-paste agreements from other states, because Florida statutes use unique terms like “time-sharing.”
- Don’t sign under emotional pressure, because duress voids contracts under City of Miami v. Kory.
- Don’t waive child support, because the right belongs to the child, not the parent, and courts reject waivers.
- Don’t include unenforceable clauses such as “no dating in front of the child,” because First Amendment limits apply.
- Don’t rely on memory for asset values, because lenders and the Florida Department of Revenue verify everything.
Pros and Cons of Settling With Form 12.902(f)(2)
Settling is usually faster and cheaper than trial, but it has trade-offs.
- Pro: Cases settle in 30-90 days versus 12-18 months for contested trials, per Florida court statistics.
- Pro: Filing fees stay around $409 instead of climbing past $5,000 in litigation costs.
- Pro: You control the outcome, not a judge who has 20 minutes per case.
- Pro: Children avoid the trauma of testifying or being interviewed by a guardian ad litem.
- Pro: Privacy is preserved because contested trials become public record under Chapter 119.
- Con: You may agree to terms a judge would not order, such as paying alimony you do not legally owe.
- Con: Without a lawyer, you may miss tax consequences worth thousands.
- Con: Modification is harder once you stipulate to a number.
- Con: Pressure from the higher-earning spouse can produce unfair splits.
- Con: Mistakes in QDRO or refinance language create years of post-judgment litigation.
Filing, Service, and Hearing Steps
Once both spouses sign Form 12.902(f)(2), the petitioner files it along with the Petition for Dissolution of Marriage with Dependent or Minor Children (Form 12.901(b)(1)) at the circuit court clerk’s office in the county of residence. The current statewide filing fee is $409, with limited fee waivers available through an Application for Determination of Civil Indigent Status.
The respondent must be personally served unless they sign an Answer and Waiver, Form 12.902(a). After service or waiver, the case must wait at least 20 days before the final hearing under Rule 12.440.
The Final Hearing
At the hearing, the judge asks each party under oath whether they signed voluntarily, whether they understand the agreement, and whether the marriage is irretrievably broken. The judge also reviews the Child Support Guidelines Worksheet and the Parenting Plan.
If the judge finds the agreement fair and complete, they incorporate it into a Final Judgment of Dissolution of Marriage with Dependent or Minor Children, Form 12.990(c)(1). The marriage is legally over the moment the judge signs.
The consequence of being unprepared at the hearing is that the judge can refuse to ratify the agreement and reset the case. Ines and Hugo Salgado could not produce a notarized Parenting Plan, and the judge continued their hearing for 60 days.
Post-Judgment Enforcement
If a spouse violates the agreement, the other can file a Motion for Civil Contempt/Enforcement, Form 12.960. The court can order make-up timesharing, wage garnishment for support, or even jail under §61.13(4)(c).
Modification of timesharing requires a substantial, material, and unanticipated change in circumstances, per Wade v. Hirschman, 903 So. 2d 928. Modification of child support requires only a 15 percent or $50 monthly change, whichever is greater.
Key People, Places, and Entities
Several institutions touch every Florida divorce involving children, and knowing their roles helps you navigate the process.
- The Florida Supreme Court approves the form itself and the rules of procedure.
- The Florida Department of Revenue Child Support Program collects and enforces support orders statewide.
- The Florida Bar Family Law Section drafts updates and continuing-education materials.
- The circuit court clerk of your county files, dockets, and certifies the Final Judgment.
- The Florida Department of Children and Families handles related dependency or abuse cases when they overlap.
- A guardian ad litem may be appointed if the children’s interests need an independent advocate.
- The Internal Revenue Service controls federal tax outcomes for the family post-divorce.
Recap of Relevant Rulings
Florida appellate courts repeatedly stress that marital settlement agreements are contracts and must be enforced as written. In Casto v. Casto, 508 So. 2d 330, the Florida Supreme Court held that a settlement is set aside only for fraud, duress, or overreaching, not because it later seems unfair.
In Macar v. Macar, 803 So. 2d 707, the court ruled that once a party signs and the judgment is entered, claims of inadequate disclosure must be raised quickly or be waived. Anderson v. Anderson, 333 So. 3d 1228 clarified that under post-2023 timesharing law, the equal-timesharing presumption applies prospectively to all new agreements.
The consequence of these rulings is that you are stuck with what you sign. The misconception that “the judge will fix it later” is wrong — judges enforce, they rarely rewrite.
FAQs
Do I need a lawyer to fill out Form 12.902(f)(2)?
No. Florida allows self-representation, but mistakes in QDRO, tax, or timesharing language often cost more than legal fees, so a one-hour consult with a family lawyer is wise.
Can I file Form 12.902(f)(2) online?
Yes. Every Florida circuit accepts e-filing through the Florida Courts E-Filing Portal, and you may use a Remote Online Notary to sign.
Does the judge have to approve our agreement?
Yes. The judge reviews the agreement, child support worksheet, and Parenting Plan for fairness and statutory compliance under §61.13 before entering the Final Judgment.
Can we waive child support entirely?
No. Child support belongs to the child, not the parent, and courts reject zero-support agreements unless guideline calculations independently produce that result.
Is alimony still available in Florida?
Yes. Florida offers temporary, bridge-the-gap, rehabilitative, and durational alimony under the 2023 alimony reform law, but permanent alimony is gone.
Can we change the agreement later?
Yes. Child support and timesharing are modifiable upon a substantial change, while property division is final under §61.075(8).
Do both parents have to attend the final hearing?
No. Only the petitioner must appear if the respondent signed an Answer and Waiver, though many judges prefer both spouses present.
Will my agreement be public record?
Yes. Court filings are public under Chapter 119, but financial affidavits are automatically sealed by Florida Rule of Judicial Administration 2.420.
Can we use Form 12.902(f)(2) for a same-sex divorce?
Yes. Obergefell v. Hodges and Florida implementation make the form fully available to same-sex spouses with children.
Does military service affect the form?
Yes. Active-duty members get protections under the Servicemembers Civil Relief Act, and the Uniformed Services Former Spouses’ Protection Act governs military pension division.
What happens if my spouse refuses to sign after we agree?
No. You cannot file Form 12.902(f)(2) without both signatures, so you must convert the case to a contested dissolution under Rule 12.440 and proceed to trial.
Do grandparents have rights in our Parenting Plan?
No. Florida grandparent visitation is extremely limited under §752.011, and grandparents have no automatic rights inside a Form 12.902(f)(2) agreement.
Related reading
- How to Fill Out Florida Form 12.902(f)(1) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.902(f)(3) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.903(c)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.990(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.990(b)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.990(c)(1) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs