How to Fill Out Florida Form 12.990(b)(2) (w/Examples) + FAQs

You fill out Florida Form 12.990(b)(2) by typing the case caption, the parties’ names, the marriage and separation dates, the property division terms, the spousal support terms, and the name-restoration choice exactly as the judge will sign them, then submitting the completed judgment to the clerk in the county where you filed the petition. The form is the Final Judgment of Dissolution of Marriage With Property but No Dependent or Minor Child(ren), and it is the document the court signs to legally end your marriage when you and your spouse own property together but do not share minor children.

The problem most filers face is that Florida judges reject self-prepared final judgments at staggering rates because of small drafting errors, missing recitals, or terms that conflict with the marital settlement agreement. According to the Florida Courts Self-Help Center, more than 30% of pro se family law filings get returned for correction the first time, and a rejected final judgment can delay your divorce by 30 to 90 days while you pay rent, insurance, and tax penalties on a marriage you thought was over.

Here is what you will learn in this guide:

• 📄 How to complete every line, blank, and checkbox on Form 12.990(b)(2) without triggering a clerk rejection.
• ⚖️ How Florida’s equitable distribution statute and the 2023 alimony reform shape the property and support sections.
• 🧾 How to integrate a marital settlement agreement so the judgment is enforceable.
• 🚫 The seven most common mistakes that void a final judgment, with the consequence of each.
• ✅ Real named-person examples showing short, long, and military-spouse divorces filed in Miami-Dade, Hillsborough, and Duval counties.

What Florida Form 12.990(b)(2) Actually Is

Florida Form 12.990(b)(2) is the official Supreme Court-approved Final Judgment used to dissolve a marriage when the spouses own property together but have no dependent or minor children. The form is authorized under the Florida Family Law Rules of Procedure, and the Florida Supreme Court adopted it so judges across all 67 counties sign uniform language. The Clerk of Court will not enter your divorce until a judge signs this exact form or a substantially similar order.

This form is not the petition for divorce. The petition starts the case, while Form 12.990(b)(2) ends it. You will draft the final judgment after the parties sign a marital settlement agreement and after the final hearing where the judge confirms the marriage is irretrievably broken under Fla. Stat. § 61.052.

The plain-English purpose of the form is to put the divorce in writing so both spouses can prove the marriage ended, retitle the house, divide retirement accounts, and remarry. The consequence of skipping this form is that the Florida Department of Health will not issue a divorce certificate, and any later remarriage could be void as bigamous under Fla. Stat. § 826.01. A real-world example is Maria, a Tampa nurse who thought her separation agreement alone ended her marriage and remarried in 2024, only to face an annulment when her second husband’s lawyer pulled the public record.

A common misconception is that Form 12.990(b)(2) applies any time the parties own anything. The form actually requires marital property or marital debts to divide, and it specifically excludes cases with minor children, which require Form 12.990(c)(1) instead. If you choose the wrong form, the judge will strike the judgment and order you to refile, costing you another filing fee in some circuits.

How It Differs From Related Forms

Florida publishes several final-judgment templates, and choosing the wrong one is the fastest way to lose a hearing. Form 12.990(a) is for Simplified Dissolution where both parties appear together, have no minor children, no alimony claim, and agree on everything. Form 12.990(b)(1) covers contested or uncontested divorces with no property and no children, and Form 12.990(c)(1) covers cases involving dependent or minor children.

Picking 12.990(b)(2) signals to the judge that you have property issues but no parenting plan to enter. The consequence of mismatching forms is that the clerk’s family law intake desk will reject the package, and in counties like Miami-Dade and Hillsborough, the rejection can add three to six weeks to your timeline. Always cross-check the form number against the Florida Courts form index before filing.

Where the Form Lives in the Rules

The form’s authority traces back to Florida Family Law Rule 12.010, which adopts the family law forms by reference. Rule 12.285 then mandates financial disclosure, and Rule 12.540 governs how a judgment can be set aside if the form contains fraud or mistake. Knowing the rule chain matters because a judge can vacate a judgment within one year if your form omits a required recital.

Practitioners should also consult Administrative Order 21-13 for e-filing requirements through the Florida Courts E-Filing Portal. Many counties now require the proposed final judgment in Word format so the judge can edit it, while others demand a clean PDF. Filing in the wrong format can bounce your submission back at the clerk level before a judge ever sees it.

Step-by-Step: Filling Out Every Line of Form 12.990(b)(2)

The form opens with a case caption that must mirror the petition exactly, including the circuit number, county, division, and case number. Mistakes here cause the clerk to reject the document because the courthouse docketing system cannot match the judgment to the open case. Always copy the caption directly from the most recent court order to avoid typos.

Next comes the appearances paragraph, where you state who appeared at the final hearing and whether each party was represented. The form then requires findings that the court has jurisdiction over the subject matter and the parties under Fla. Stat. § 61.021, which requires one spouse to have lived in Florida for at least six months before filing. Without this finding, the judgment is voidable.

The third block contains the finding that the marriage is irretrievably broken, which is the only no-fault ground Florida recognizes. The judge cannot grant the divorce without this exact language, and the consequence of leaving it out is automatic rejection. A common misconception is that adultery, abuse, or abandonment must be pleaded; Florida abolished fault grounds decades ago, and only irretrievable breakdown applies.

Property Division Section

The property division section is the heart of Form 12.990(b)(2), and it must align with Fla. Stat. § 61.075, which presumes a 50/50 split of marital assets and debts unless the court finds factors justifying an unequal distribution. You list each asset, identify whether it is marital or non-marital, assign a value as of the cut-off date (usually the petition date), and award it to one spouse. Real estate descriptions must include the legal description, not just the street address, because the judgment doubles as a recordable instrument.

The consequence of vague language here is enormous: if you write “the parties shall divide the 401(k) equally” without naming the plan, the plan administrator will refuse to honor the order, and you will need a separate Qualified Domestic Relations Order drafted later. A real-world example is David, a Jacksonville engineer who lost $14,000 in market gains while waiting nine months for a properly drafted QDRO because his original judgment lacked plan-specific identifiers.

A common misconception is that gifts and inheritances received during the marriage are always marital. Under Fla. Stat. § 61.075(6), assets acquired by gift or inheritance to one spouse remain non-marital unless commingled. The form lets you check a non-marital box, but you must attach proof at the hearing.

Spousal Support (Alimony) Section

The alimony section reflects Fla. Stat. § 61.08, which the 2023 alimony reform (SB 1416) significantly rewrote. The reform abolished permanent alimony for cases filed on or after July 1, 2023, and it caps durational alimony at 50% of the marriage length for short marriages, 60% for moderate marriages, and 75% for long marriages. You must check the correct box stating the type, amount, duration, and termination triggers.

The plain-English explanation is that alimony now ends, and you must say when and why on the form. The consequence of leaving the duration blank is that the obligor can move to terminate alimony immediately after entry, arguing the judgment is unenforceable for vagueness. A real-world example is Rosa from Orlando, who agreed to “reasonable alimony” without a number and lost the right to collect when her ex-husband challenged the term in 2024.

A common misconception is that alimony is taxable to the recipient. Since the Tax Cuts and Jobs Act of 2017, alimony in divorces finalized after December 31, 2018, is no longer deductible by the payor or taxable to the payee. Your form should reflect this so neither party miscalculates net support.

Name Restoration

If a spouse changed names during the marriage, Form 12.990(b)(2) lets the judge restore the prior name in the same order, saving a separate name-change petition. You check the box, type the prior legal name exactly as it appeared on the birth certificate or prior identification, and the judgment becomes proof for Social Security, the DMV, and passport agencies. The authority is Fla. Stat. § 61.041.

The consequence of forgetting the name-restoration box is that you must later file a stand-alone name-change petition under Fla. Stat. Chapter 68, pay another filing fee, and submit fingerprints. Always raise the request at the final hearing if you want it baked into the divorce.

A common misconception is that the restored name applies retroactively. The change is prospective only, meaning prior contracts, deeds, and tax filings keep the married name unless you separately update them. Plan to spend a weekend updating identification once the certified judgment arrives.

Incorporation of the Marital Settlement Agreement

The form includes a paragraph that incorporates the Marital Settlement Agreement by reference. Florida courts distinguish between incorporation (the agreement becomes part of the judgment and is enforceable through contempt) and mere approval (which limits enforcement to contract remedies). For maximum protection, mark the box that incorporates and merges the agreement.

The consequence of failing to incorporate is that you cannot use the court’s contempt power to force compliance and must instead file a new breach-of-contract lawsuit. A real-world example is the Macar v. Macar line of cases, where Florida appellate courts repeatedly held that non-incorporated MSAs require contract enforcement, not contempt.

A common misconception is that incorporation makes the agreement modifiable. Property division, once final, is generally non-modifiable under Fla. Stat. § 61.075(10), while alimony remains modifiable under § 61.14 unless the parties expressly waive modification.

Three Common Scenarios With Their Outcomes

Before drafting your final judgment, study how Florida judges treat the three most common fact patterns under Form 12.990(b)(2). Each scenario below shows a representative drafting choice and the legal outcome a judge will sign.

Scenario 1: Short Marriage With Modest Assets

Drafting Choice	Judicial Outcome
Marriage of 4 years, joint car and shared credit card debt, no alimony requested	Judge approves equal split of car equity and 50/50 debt assignment under Fla. Stat. § 61.075
Wife requests name restoration to maiden name	Judge checks the restoration box and certified copy serves as proof for SSA
Parties waive alimony in writing	Judge enters waiver language barring future modification under Fla. Stat. § 61.08

Scenario 2: Long Marriage With Home and Retirement

Drafting Choice	Judicial Outcome
22-year marriage, marital home with $300,000 equity, two 401(k) accounts	Judge requires legal description for deed and plan-specific QDRO language for both 401(k)s
Wife requests durational alimony of 13 years (60% of marriage length under SB 1416)	Judge approves if statutory factors in Fla. Stat. § 61.08(8) are pleaded
Husband keeps inherited beach condo as non-marital	Judge enters non-marital finding only with documentary proof of inheritance

Scenario 3: Military Spouse Divorce

Drafting Choice	Judicial Outcome
12-year marriage, active-duty service member stationed at MacDill AFB	Judge confirms federal Servicemembers Civil Relief Act compliance before entering judgment
Division of military pension under USFSPA	Judge requires 10/10 rule recital and DFAS-compliant language
TRICARE coverage continuation requested	Judge cannot order TRICARE; must address through 20/20/20 federal eligibility

Three Named Examples That Pass Judicial Review

Concrete examples beat abstract rules. The following named scenarios illustrate how to draft Form 12.990(b)(2) for the most common Florida fact patterns.

Example: Carla in Miami-Dade

Carla, a 34-year-old marketing manager, files in the Eleventh Judicial Circuit after a five-year marriage. She owns a Brickell condo with her husband worth $480,000 with a $320,000 mortgage. Carla and her spouse sign an MSA selling the condo and splitting net proceeds 50/50, and Carla checks the name-restoration box on Form 12.990(b)(2). The judge signs the judgment in 18 days, and the title company closes the sale referencing the recorded final judgment.

The takeaway is that Carla nailed three drafting requirements: she included the legal description of the condo, she attached the MSA, and she requested name restoration in the same order. Her judgment cost only the standard Miami-Dade filing fee and one hearing.

Example: James in Hillsborough County

James, a 58-year-old contractor, files in Hillsborough County after a 24-year marriage. The marital estate includes a Tampa home with $410,000 equity, a $620,000 401(k), and a vacation cabin inherited by James in 2010. James and his wife agree she keeps the home, James keeps the cabin as non-marital, and the 401(k) divides 50/50 by QDRO. The judge enters Form 12.990(b)(2) with non-marital findings supported by James’s 2010 inheritance deed.

The lesson is that James preserved his non-marital cabin only because he kept it titled solely in his name and never used marital funds for upkeep, satisfying the commingling exception in Fla. Stat. § 61.075(6). His Form 12.990(b)(2) became a roadmap for his estate planning attorney later that year.

Example: Sergeant Lopez in Duval County

Sergeant Lopez, stationed at NAS Jacksonville, files in Duval County after a 14-year marriage. The judgment must comply with the Servicemembers Civil Relief Act, the 10/10 rule for direct DFAS payment, and the Uniformed Services Former Spouses’ Protection Act. Lopez’s Form 12.990(b)(2) divides 47% of his disposable military retired pay to his spouse and includes the SCRA waiver his spouse signed.

The result is that DFAS accepts the order on the first submission because Lopez used the exact USFSPA language sample published by the Defense Finance and Accounting Service. Skipping that boilerplate is the number-one reason DFAS rejects military divorce orders nationwide.

Mistakes to Avoid When Drafting Form 12.990(b)(2)

Florida judges and clerks reject self-prepared final judgments for predictable reasons. Avoiding the seven mistakes below cuts your rejection risk dramatically.

• Mistake 1: Omitting the six-month Florida residency finding. The consequence is loss of subject-matter jurisdiction and a void judgment under Fla. Stat. § 61.021.
• Mistake 2: Failing to attach or incorporate the marital settlement agreement. The consequence is loss of contempt enforcement, forcing a separate breach-of-contract lawsuit.
• Mistake 3: Using a street address instead of the legal description for real estate. The consequence is that the title company will refuse to record the judgment as a deed substitute.
• Mistake 4: Leaving alimony duration blank or vague. The consequence is post-judgment litigation and possible termination under the 2023 alimony reform.
• Mistake 5: Forgetting the name-restoration box when one spouse wants the maiden name back. The consequence is a separate name-change petition under Fla. Stat. Chapter 68, with new fees and fingerprints.
• Mistake 6: Skipping plan-specific 401(k) and pension language. The consequence is a delayed QDRO and missed market gains for the alternate payee.
• Mistake 7: Using outdated form versions from third-party websites. The consequence is automatic clerk rejection because the Florida Courts site posts the only currently approved version.
• Mistake 8: Failing to check whether the SCRA applies for military spouses. The consequence is an unenforceable judgment vulnerable to reopening under federal law.
• Mistake 9: Not addressing health insurance continuation. The consequence is an immediate gap in coverage because divorce ends spousal eligibility on most plans.

Do’s and Don’ts of Form 12.990(b)(2)

The following list distills best-practice drafting habits used by Florida family-law attorneys and pro se filers who succeed on the first try.

• Do attach the signed marital settlement agreement as Exhibit A because incorporation gives you contempt remedies.
• Do include the legal description for real estate so the judgment doubles as a recordable conveyance instrument.
• Do recite the six-month Florida residency finding so the judge has jurisdiction to grant the divorce.
• Do specify the alimony type, amount, duration, and termination triggers because Fla. Stat. § 61.08 requires precision.
• Do request name restoration in the same judgment because a separate petition costs another filing fee.
• Don’t copy a stranger’s final judgment because each case has unique assets, debts, and statutory findings.
• Don’t leave any blank line empty because clerks treat blanks as drafting errors and reject the package.
• Don’t use boilerplate alimony language pre-dating July 1, 2023, because the 2023 reform abolished permanent alimony.
• Don’t forget to e-file through the Florida Courts E-Filing Portal because paper filings are rejected in most circuits.
• Don’t submit the form without proof of mandatory financial disclosure under Rule 12.285.

Pros and Cons of Using Form 12.990(b)(2) Pro Se

Self-preparing the form saves money but raises risk. Weigh the trade-offs before deciding whether to hire counsel.

• Pro: Filing pro se costs only the standard filing fee of about $409 in 2026, far cheaper than full attorney representation.
• Pro: The Florida Supreme Court designed the form for non-lawyers, so the structure is accessible.
• Pro: Many circuits offer self-help centers where staff review forms before filing.
• Pro: You retain full control over property allocation and alimony terms instead of delegating to counsel.
• Pro: A clean Form 12.990(b)(2) finalizes your divorce in 30 to 60 days in many counties.
• Con: Mistakes void the judgment and trigger refiling delays of 30 to 90 days.
• Con: QDRO drafting requires plan-specific knowledge most pro se filers lack.
• Con: The 2023 alimony reform changed the math, and outdated guidance online is misleading.
• Con: Real-estate legal descriptions trip up filers without title-company experience.
• Con: SCRA, USFSPA, and federal pension overlays are difficult to integrate without legal training.

Court Rulings That Shape Form 12.990(b)(2) Drafting

Florida appellate courts have shaped how trial judges enforce final judgments built on Form 12.990(b)(2). Understanding these rulings prevents drafting mistakes that look harmless until they cause a reversal.

Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980) established the abuse-of-discretion standard for equitable distribution and alimony, meaning trial judges have wide latitude as long as the judgment recites the statutory factors. The takeaway is that your form must reference the Fla. Stat. § 61.075 factors when seeking unequal distribution.

Macar v. Macar, 803 So. 2d 707 (Fla. 2001) drew the line between incorporation and approval of marital settlement agreements. The takeaway is that your Form 12.990(b)(2) must explicitly incorporate the MSA if you want contempt enforcement of property terms.

The Castor v. Castor line of cases reinforces that vague property descriptions are unenforceable, while Boyett v. Boyett shaped how courts treat the marital share of pensions earned partly before marriage. Citing or mirroring these standards in your judgment language inoculates the order against post-judgment attacks.

How to File and Serve the Final Judgment

Once Form 12.990(b)(2) is drafted, both parties (or one if the case is uncontested) sign before the final hearing, the judge signs at the hearing, and the clerk records the judgment in the official records. You then order certified copies from the clerk for the SSA, DMV, lender, plan administrator, and title company. Most counties charge $2 per page plus $2 for the certification stamp.

Serve the signed judgment on your spouse under Rule 12.080 within the time the judge specifies, usually 10 days. Failure to serve does not void the judgment, but it can delay enforcement and trigger sanctions if the other side claims surprise.

Finally, submit the QDRO, deed, and title transfer documents within the timeframes the MSA states. The marriage ends when the judge signs Form 12.990(b)(2), but the property changes only happen when each underlying instrument is executed and recorded.

FAQs

Is Florida Form 12.990(b)(2) the only final-judgment form for divorces with property?

No. It is the correct form only when there are no dependent or minor children. Cases with minor children require Form 12.990(c)(1), and simplified dissolutions use Form 12.990(a) instead.

Do I need a lawyer to file Form 12.990(b)(2)?

No. Florida designed the form for pro se filers, and clerks accept self-prepared judgments. However, complex assets like pensions, businesses, or real estate strongly benefit from attorney review before submission.

Can I add child-related provisions to Form 12.990(b)(2)?

No. This form excludes minor or dependent children by definition. If children are involved you must use Form 12.990(c)(1), which contains parenting plan and child support sections.

Does the form automatically restore my maiden name?

No. You must check the name-restoration box and type the prior legal name. Forgetting this step forces a separate name-change petition under Florida Statutes Chapter 68.

Can I get permanent alimony under Form 12.990(b)(2)?

No. The 2023 alimony reform (SB 1416) abolished permanent alimony for cases filed on or after July 1, 2023. Only durational, bridge-the-gap, or rehabilitative alimony remain available.

Is the marital settlement agreement automatically enforceable through contempt?

Yes. It is enforceable through contempt only if the final judgment incorporates the MSA. Mere approval limits you to contract remedies under cases like Macar v. Macar.

Can I divide a 401(k) directly through Form 12.990(b)(2)?

No. You need a separate Qualified Domestic Relations Order, but the final judgment must contain plan-specific language directing the QDRO so the plan administrator honors it.

Does the judgment cover health insurance continuation?

No. Florida courts cannot order private insurers to extend coverage past divorce. You should arrange COBRA or marketplace coverage independently before the judgment is signed.

Will the judgment automatically transfer the house deed?

Yes. The judgment can serve as a conveyance instrument if it includes the full legal description and is recorded with the county clerk. Without the legal description, you need a separate quitclaim deed.

Can I modify property division after the judgment is final?

No. Equitable distribution is generally non-modifiable under Fla. Stat. § 61.075(10) absent fraud or mutual mistake. Alimony, by contrast, remains modifiable under § 61.14 unless waived.

Do military pensions follow the same rules?

No. Military pensions require USFSPA-compliant language and the federal 10/10 rule for direct DFAS payment. Civilian language alone causes DFAS to reject the order.

How long does it take to finalize Form 12.990(b)(2)?

Yes, in uncontested cases the entire process commonly finishes within 30 to 60 days after the final hearing, faster than contested divorces that can take a year or more.