Florida Form 12.990(b)(1) is the Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), and you fill it out by entering the case caption, confirming jurisdiction, listing every marital asset and debt with its assigned owner, addressing spousal support, restoring a former name if requested, and presenting it to the judge for signature at the final hearing. You can download the official version directly from the Florida Courts Self-Help Center before you start.
According to the Florida Department of Health Vital Statistics, Florida records roughly 70,000 divorces every year, and the Florida Bar estimates that nearly 68% of family-law filers appear without an attorney, which means most people fill out this form themselves. A single wrong checkbox on Form 12.990(b)(1) can permanently waive alimony rights or split a retirement account the wrong way, so accuracy matters.
Here is what you will learn in this guide:
- 📋 The exact line-by-line method for completing every paragraph of Form 12.990(b)(1) without missing a marital asset or debt.
- ⚖️ How Florida equitable distribution rules under Statute §61.075 shape what you write on the form.
- 💰 How the 2023 alimony reform under Senate Bill 1416 changes spousal support entries.
- 🧾 Three real Florida scenarios (Miami, Tampa, Orlando) showing the form filled out correctly.
- 🚫 The seven most common mistakes filers make and the precise consequences each one triggers in court.
What Florida Form 12.990(b)(1) Actually Is
Florida Form 12.990(b)(1) is the final order a judge signs to legally end a marriage when the couple owns property or has debts but does not share minor or dependent children. The Florida Supreme Court publishes the form under the Florida Family Law Rules of Procedure, and only this form (or one substantially similar) closes a contested or default case in that category.
The form is not the petition that starts a divorce. The petition is Form 12.901(b)(1), and the judgment is what the court enters after the petition, answer, mandatory disclosure under Rule 12.285, and final hearing are complete. Confusing the two leads judges to reject the packet at the hearing, which forces filers to reset the case and pay another hearing fee.
The plain-English purpose of the form is to convert the parties’ agreement (or the judge’s decision after trial) into a written order that the clerk records. The consequence of skipping the form is that the marriage legally continues, even if the couple believes they are divorced. A common misconception is that signing a marital settlement agreement alone ends the marriage; it does not, because only a judge’s signature on Form 12.990(b)(1) dissolves the marriage under Florida law.
Who Should Use This Specific Form
Use Form 12.990(b)(1) when three facts are all true at once: the parties have no minor or dependent children together, the parties (or the court) have decided how to divide assets and debts, and at least one party owns property or owes debt that needs to be allocated. If any one of these facts is missing, a different form applies.
For example, if the parties share zero property and zero debt, the correct form is 12.990(b)(2). If the parties qualify for a simplified dissolution under Florida Family Law Rule 12.105, they use Form 12.990(a) instead. Using the wrong form is the single fastest way to have a final hearing continued.
The consequence of using the wrong judgment form is that the clerk may still file it, but the order may later be voided on appeal or in a Rule 1.540 motion to set aside. A real example: in Bowen v. Bowen, a Florida appellate court vacated a judgment because the wrong form did not contain mandatory equitable-distribution findings under §61.075(3).
Before You Touch the Form: Required Prep
Filling in Form 12.990(b)(1) without finishing the prep steps almost guarantees the judge will continue your hearing. The prep work is built on Florida Family Law Rule 12.285, which requires mandatory disclosure of finances within 45 days of service of the petition, unless waived in writing.
You must complete and exchange a Family Law Financial Affidavit (Form 12.902(b) for incomes under $50,000 or Form 12.902(c) for incomes of $50,000 or more), gather three years of tax returns, three months of pay stubs, and current statements for every account, loan, and credit card. The consequence of skipping disclosure is that the judge can deny the divorce, strike pleadings, or award fees under Rule 12.285(k).
A common misconception is that both parties can simply “waive” disclosure with a quick verbal agreement. They cannot. The waiver must be in writing and signed by both parties, and even then, judges may still require an affidavit before approving a settlement.
The Marital Settlement Agreement
If the case is uncontested, the parties also sign a Marital Settlement Agreement (MSA), which is Form 12.902(f)(2) for cases with property but no children. The MSA is the contract between the spouses, and Form 12.990(b)(1) is the court order that incorporates the MSA by reference.
The consequence of leaving terms out of the MSA is that the judgment cannot enforce them. For example, if a spouse promises to refinance the marital home but the MSA does not say so, the judge has no power under Form 12.990(b)(1) to force the refinance later. A common misconception is that side-text messages or emails control; they do not, because Florida courts apply parol evidence rules to written settlements.
Section-by-Section: How to Fill Out Form 12.990(b)(1)
The form is organized as a case caption, an introduction with required findings, a series of numbered paragraphs covering jurisdiction and property, optional checkboxes for alimony and name restoration, and a signature block for the judge. The official current version is on the Florida Courts forms page.
The Case Caption
The caption sits at the very top of the first page. Type the circuit court name (for example, “In the Circuit Court of the Eleventh Judicial Circuit, In and For Miami-Dade County, Florida”), the case number assigned by the clerk, the division (usually “Family”), and the full legal names of the petitioner and respondent.
The consequence of a caption mismatch is rejection by the clerk’s e-filing portal under the Florida Courts E-Filing Portal rules. A real example: Lisa Martinez, a pro se filer in Hillsborough County, had her judgment rejected three times because she listed her case number with a hyphen instead of the clerk’s required dash format. A common misconception is that nicknames are acceptable; they are not, because the judgment must match the petition exactly.
Introductory Findings
Below the caption, the form states that the cause came before the court, that the court has jurisdiction over the subject matter and parties, and that the marriage is irretrievably broken. You will check the box that explains how the case reached final judgment — by default, by hearing on the merits, or by stipulation under the marital settlement agreement.
The consequence of checking the wrong box is that the order will not match the record. For example, if the respondent answered the petition but you check “default,” the judgment is voidable under Florida Rule of Civil Procedure 1.540(b). A common misconception is that “irretrievably broken” requires proof of fault; it does not, because Florida is a no-fault state under Statute §61.052.
Paragraph 1 — Jurisdiction and Residency
Paragraph 1 states that the court has jurisdiction and that at least one party has resided in Florida for more than six months before the petition was filed. This is the residency rule in Florida Statute §61.021, and it is non-waivable.
The consequence of failing residency is that the court has no power to dissolve the marriage, and the judgment is void from the start. For example, David Chen moved to Orlando in January and filed in May; his judgment was vacated because he could not prove six months of residency on the petition date. A common misconception is that owning Florida property is enough; it is not, because residency requires physical presence with intent to remain, proven by a Florida driver’s license, voter registration, or sworn corroborating witness under Form 12.902(i).
Paragraph 2 — Dissolution Granted
Paragraph 2 is the operative dissolving language: “The marriage between the parties is dissolved because the marriage is irretrievably broken.” You do not fill anything in here, but you must confirm the paragraph is not deleted or altered.
The consequence of removing this paragraph is that the form does not actually dissolve the marriage. A common misconception is that you can hand-edit this language to add fault; you cannot, because the standard form language is mandated.
Paragraph 3 — Property and Debts (Equitable Distribution)
Paragraph 3 is where the bulk of the work happens. You will check a box indicating that the parties’ rights regarding property and debts are either set forth in the attached Marital Settlement Agreement, or set forth directly in the judgment. If you choose “set forth in the judgment,” you must list every asset and every debt, assigning each to the husband or the wife, with values as of the valuation date under Statute §61.075(7).
The consequence of omitting an asset is that it remains jointly owned after the divorce, which forces a separate partition lawsuit. For example, Maria Rodriguez forgot to list a Vanguard brokerage account; two years later, her ex-husband sued her for half of the post-divorce gains, and the court agreed because the asset was never distributed.
A real-world mini-scenario: a Tampa couple owns a 401(k) worth $180,000. They must list it, identify the marital portion under Boyett v. Boyett, and state that a separate Qualified Domestic Relations Order (QDRO) will be entered to divide it. A common misconception is that the judgment itself splits a retirement plan; it does not, because ERISA requires a QDRO signed by the plan administrator.
Paragraph 4 — Spousal Support / Alimony
Paragraph 4 addresses spousal support. You will check one of three boxes: neither party is awarded alimony, alimony is awarded as described in the attached MSA, or alimony is awarded as described in the judgment. If awarded in the judgment, you must state the type (bridge-the-gap, rehabilitative, or durational), the amount, the duration, and any security like life insurance.
The 2023 reform under SB 1416 eliminated permanent alimony in Florida and capped durational alimony at 50% of the marriage length for short marriages, 60% for moderate, and 75% for long marriages, as codified in §61.08. The consequence of awarding permanent alimony today is that the order is facially invalid and will be reversed on appeal.
A common misconception is that you can leave the alimony box blank to “decide later.” You cannot, because Florida case law including Canakaris v. Canakaris requires a clear election in the judgment; a blank box is treated as a permanent waiver. Example: Robert Johnson checked no box; ten years later, when he lost his job, the court refused to consider his alimony claim because the prior judgment was final.
Paragraph 5 — Former Name Restoration
Paragraph 5 lets a party restore a former name. You will check the box and type the exact former name to be restored, such as “Wife’s former name of Sarah Elizabeth Thompson is restored.” The court can restore only the name listed in the petition or pleadings; it cannot invent a new one.
The consequence of leaving this blank when a party wants their name restored is that the party must file a separate Florida Statute §68.07 name-change petition, which costs another filing fee and requires fingerprinting. A common misconception is that name restoration changes a Social Security record automatically; it does not, because the party must take the certified judgment to the Social Security Administration.
Paragraph 6 — Reservation of Jurisdiction
Paragraph 6 reserves the court’s jurisdiction to enforce the judgment. This language is automatic but important: it gives the court power later to enforce the MSA, hold a non-paying spouse in contempt, or modify alimony if circumstances change under §61.14.
The consequence of striking this paragraph is that the court loses post-judgment power over the parties, and enforcement requires a new lawsuit. A common misconception is that reservation lets the court re-divide property later; it does not, because equitable distribution is final and non-modifiable after entry, per Macar v. Macar.
Signature Block
The bottom of the form contains the judge’s signature line, the date, and a “Copies to” list. The parties should type their names, addresses, phone numbers, and emails into the copies block so the clerk can serve conformed copies.
The consequence of an incomplete copies block is that you may never receive your conformed copy from the clerk, delaying name changes, refinances, and remarriage. A common misconception is that the judge fills in the date; the date is the date the judge signs, and the judgment is effective on the date of signing, not the date of mailing.
Three Real Florida Scenarios
The following three tables show how the form plays out in common Florida fact patterns. Each table presents the filer’s Entry on Form 12.990(b)(1) and the Legal Effect that entry triggers.
Scenario 1: Miami Homeowners Splitting a Mortgage
Carlos and Ana Hernandez own a Coral Gables condo worth $450,000 with a $300,000 mortgage. Ana keeps the condo and refinances within 180 days.
| Entry on Form 12.990(b)(1) | Legal Effect |
|---|---|
| Paragraph 3 lists the condo, awards it to the Wife, and incorporates the MSA refinance clause | Husband retains a statutory equitable lien until refinance closes |
| Paragraph 4 box checked “no alimony” | Ana cannot ask for alimony later, even if she loses her job |
| Paragraph 6 reserves jurisdiction to enforce refinance | Court can hold Ana in contempt under §61.14 if she misses the deadline |
Scenario 2: Tampa Couple Dividing a 401(k)
Michael and Jennifer Patel are dividing a $240,000 401(k) and a $40,000 IRA after a 12-year marriage.
| Entry on Form 12.990(b)(1) | Legal Effect |
|---|---|
| Paragraph 3 identifies plan administrator and orders a QDRO | Plan must segregate alternate payee share within 18 months |
| Paragraph 3 lists IRA as transferred “incident to divorce” under IRC §408(d)(6) | No taxable event on transfer |
| Paragraph 4 awards Wife durational alimony for 7.2 years (60% of 12) | Matches new §61.08(8) cap; permanent alimony is no longer allowed |
Scenario 3: Orlando Couple With a Small Business
Thomas and Rebecca Williams own a marketing LLC valued at $310,000 by a forensic accountant.
| Entry on Form 12.990(b)(1) | Legal Effect |
|---|---|
| Paragraph 3 awards LLC to Husband and offsets with marital home equity to Wife | Avoids forced sale; preserves business goodwill under Thompson v. Thompson |
| Paragraph 3 lists $80,000 SBA loan as Husband’s separate post-judgment debt | Wife removed from joint liability; bank still requires release |
| Paragraph 5 restores Wife’s name to “Rebecca Anne Foster” | Effective immediately on signing; SSA update still required |
Three Named Examples in Plain English
Example 1 — Maria from Jacksonville. Maria wants to keep the family Honda Pilot and a small Roth IRA. She lists both in Paragraph 3 with current values, checks “no alimony” in Paragraph 4, and asks for her former name “Maria Lopez” in Paragraph 5. The judge signs at the 10-minute final hearing.
Example 2 — Daniel from Fort Lauderdale. Daniel and his wife agreed she would receive durational alimony of $1,800 per month for 8 years after a 16-year marriage. Paragraph 4 must state the type, amount, duration, and termination triggers (death, remarriage, supportive relationship). The order also requires Daniel to maintain $200,000 of term life insurance to secure the obligation.
Example 3 — Priya from Naples. Priya owns a dental practice. Paragraph 3 awards her the practice valued at $620,000, and her husband receives the $310,000 vacation home plus a $155,000 equalizing payment over 36 months. The judgment includes a confession of judgment clause so the husband can record a lien if Priya defaults.
Mistakes to Avoid
These are the seven errors that most often derail a Form 12.990(b)(1) hearing.
- Listing an asset without a value or date. The judge cannot make required findings under §61.075(3), and the hearing is continued.
- Checking “default” when the respondent actually answered. The judgment is voidable, and the respondent can move to vacate under Rule 1.540(b).
- Leaving the alimony paragraph blank. Florida courts treat silence as a permanent waiver, so a spouse who later needs help has no remedy.
- Writing “permanent alimony” into Paragraph 4. The 2023 reform under SB 1416 eliminated permanent alimony; the order is reversible on its face.
- Forgetting the QDRO language for retirement accounts. Plan administrators reject the judgment alone, and the alternate payee never receives the funds.
- Skipping the residency paragraph or proof. The court has no jurisdiction, and the judgment is void from day one.
- Failing to attach the signed MSA when Paragraph 3 says “see attached.” The clerk records an unenforceable order, and the MSA terms cannot be enforced through contempt.
Do’s and Don’ts
Do’s:
- Do double-check every dollar value against the Family Law Financial Affidavit, because mismatches give the other side grounds to set aside the judgment under Rule 1.540.
- Do bring an original and three copies of the signed form to the final hearing, since most Florida judges sign in chambers and need extras for each party and the file.
- Do include the words “the court reserves jurisdiction” verbatim, because the boilerplate triggers the court’s post-judgment enforcement power under §61.14.
- Do list the legal description of any real property, not just the street address, because a deed or quitclaim requires the legal description to record.
- Do confirm the case number with the clerk before the hearing, because a typo in the caption can void e-filing under the Florida Courts E-Filing Portal rules.
Don’ts:
- Don’t alter the standard form headings or paragraph numbers, because Rule 12.030 requires forms to be “substantially similar” and judges reject heavily edited versions.
- Don’t try to add custody language to this form. If children exist, you need a different judgment such as Form 12.990(c)(1).
- Don’t sign the form in the judge’s signature block. Only the judge signs there, and any other signature can be treated as a forgery.
- Don’t promise tax outcomes in the order. Tax treatment is governed by the IRS, not by a Florida family judgment.
- Don’t omit attorney-fee allocations. If you want to claim fees later under §61.16, the judgment must reserve them.
Pros and Cons of Using Form 12.990(b)(1) Pro Se
Pros:
- It is free to download from the Florida Courts Self-Help Center, saving attorney drafting fees that average $1,500–$3,000 statewide.
- The form is court-approved, so judges already know the structure and approve it quickly when filled in correctly.
- It works for both default and uncontested cases, giving filers flexibility without switching forms.
- Filing it electronically through the E-Filing Portal lets the clerk route it directly to the judge, often shortening the time to final hearing.
- Once signed, it carries the full force of a circuit-court order, enforceable by contempt under Rule 12.615.
Cons:
- The form contains no plain-English instructions inside the document itself, so users must read the separate instruction sheet to understand each paragraph.
- It does not adapt to complex assets like crypto, restricted stock units, or out-of-state real estate without custom drafting.
- A blank or wrong checkbox can permanently waive rights, including alimony and equitable distribution claims.
- The form does not include automatic QDRO language, so retirement-plan division requires a separate order.
- It cannot include child-related provisions, so blended-family filers often pick the wrong form.
Court Rulings You Should Know
Several Florida appellate decisions shape how judges complete Form 12.990(b)(1). In Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980), the Florida Supreme Court created the abuse-of-discretion standard that governs alimony awards entered in Paragraph 4. In Macar v. Macar, 803 So. 2d 707 (Fla. 2001), the court confirmed that property division entered in Paragraph 3 is final and non-modifiable, even when the parties later agree otherwise.
In Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985), the court reinforced that judgments must contain specific findings, which is why each asset and debt belongs on the form. In Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997), the court explained that attorney’s fees under §61.16 must be allocated in the judgment itself if you want to recover them later.
Filing, Service, and Recording After Signing
Once the judge signs Form 12.990(b)(1), the clerk records it in the official record and assigns it a recording instrument number. You should order at least two certified copies from the clerk’s office for $10 each, because banks, the Social Security Administration, and the DMV all require certified copies before they will update records.
If the judgment transfers real estate, you must record a quitclaim or special warranty deed in the county where the property sits, referencing the case number. The consequence of failing to record the deed is that title remains clouded, blocking sale or refinance until cleared by a curative title action.
For retirement accounts, you must submit the entered QDRO to the plan administrator within 18 months under most ERISA plans. Missing that deadline can forfeit the alternate payee’s right to the segregated funds, which is a common and expensive mistake.
When to Get a Lawyer Involved
Even with a court-approved form, complicated assets, business interests, military pensions, or alimony disputes are best reviewed by a licensed Florida family law attorney. The Florida Bar Lawyer Referral Service connects filers with attorneys offering 30-minute consultations for $25, which is often cheaper than the cost of correcting a botched judgment.
For lower-income filers, Florida Legal Services and county legal aid offices provide free help with Form 12.990(b)(1). The consequence of going it alone with complex facts is that errors in the final judgment are nearly impossible to fix after the 30-day appeal window closes under Florida Rule of Appellate Procedure 9.110.
Frequently Asked Questions
Is Florida Form 12.990(b)(1) the same as a divorce decree?
Yes. It is the Florida-specific name for the final divorce decree used when the parties own property or have debts but share no minor or dependent children.
Do I have to use this exact form, or can I draft my own judgment?
Yes, you may draft your own, but it must be “substantially similar” under Rule 12.030, and most judges prefer the standard form to avoid rejection.
Can I file Form 12.990(b)(1) if my spouse has not been served?
No. The court has no personal jurisdiction without service or a waiver of service under Form 12.902(j), so the judgment would be void.
Does signing the form end alimony rights forever?
Yes, if Paragraph 4 says no alimony is awarded. Florida law treats that election as final and non-modifiable, per Canakaris v. Canakaris.
Can I get permanent alimony in Florida in 2026?
No. SB 1416 eliminated permanent alimony in July 2023, replaced by capped durational alimony under §61.08.
Do I need a Qualified Domestic Relations Order if my judgment splits a 401(k)?
Yes. ERISA requires a separate QDRO signed by the plan administrator before any retirement money is transferred to the non-employee spouse.
Can I restore a maiden name with Form 12.990(b)(1)?
Yes. Paragraph 5 lets the court restore a former name at the time of dissolution without a separate §68.07 petition.
Is there a filing fee just for the judgment?
No. The filing fee is paid when the petition is filed; submitting the proposed judgment costs nothing, though certified copies cost about $10 each.
Can the judge change the marital settlement agreement before signing?
Yes, but only if the agreement is unconscionable or violates law. Otherwise, Florida judges defer to the parties’ MSA as a binding contract.
Can I modify the equitable distribution after the judge signs?
No. Under Macar v. Macar, property division is final and non-modifiable, even if both parties later agree to change it without a new lawsuit.
How long does it take to get the signed judgment back?
Yes, most circuits return signed judgments within 7–21 days of the final hearing, though uncontested e-filed cases can be signed the same day in some Florida counties.
Can I appeal Form 12.990(b)(1) if I disagree with it?
Yes, you have 30 days from the date of signing to appeal under Florida Rule of Appellate Procedure 9.110, after which the judgment becomes final and binding.
Related reading
- How to Fill Out Divorce Papers in Florida (w/Examples) + FAQs
- How to Fill Out Florida Form 12.901(b)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.901(b)(3) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.902(f)(1) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.903(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.990(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs