Law Offices of James S. Cunha, P.A.

West Palm Beach Divorce and Trial Lawyer

Phone: (561) 429-3924
Email: [email protected]
Consultations by Appointment Only

  • Home
  • About
  • Testimonials
  • Family Law
    • Alimony
    • Attorney’s Fees and Costs in Divorce and Family Law Cases
    • Business Valuation
    • Child Custody and Visitation
      • Custody Dispute
      • Guardianship of Minors
      • Parental Time-Sharing
    • Child Support
    • Divorce
      • Collaborative Divorce
      • High Net Worth Divorce
      • Uncontested Divorce
    • Domestic Violence Injunction
    • Modification of Court Orders
    • Parental Relocation
    • Paternity
    • Premarital Agreement
    • Property Division
    • Tax Implications of Divorce
    • Temporary Relief
  • Family Law Blog
  • Civil Litigation
    • Business Law
    • Auto Accidents
    • Catastrophic Injuries
    • Helping Victims Recover
    • Personal Injury Overview
    • Wrongful Death
  • Contact

What is a Marital Settlement Agreement in a Florida Divorce?

Posted on 01.27.25

Many people avoid or postpone the divorce process because of fears that the process will be bitter and acrimonious.  There are certainly Florida divorces that involve a fair amount of spite and conflict, but the divorce process does not need to proceed in this manner.  When you have the advantage of sound legal advice and effective legal representation, it is often possible to negotiate a global settlement of all issues in your divorce.  These negotiated terms are included in the Marital Settlement Agreement (MSA) that becomes the substance of your divorce judgment with regard to equitable distribution of assets and debts and alimony as well as other issues.  While issues related to your children, including time-share schedules (formerly called “custody” and “visitation”), child support and parental responsibilities are usually embodied within the Parenting Plan, this document will be an exhibit attached to the Marital Settlement Agreement.  At times, however, a parenting plan may also be included in the body of the MSA.

The divorce process in Florida permits the parties to a divorce to negotiate throughout the process to construct a Marital Settlement Agreement and forgo future litigation issues.  While certain issues may make it difficult to negotiate the terms of an agreement, an experienced West Palm Beach divorce attorney can often assist you in navigating through emotional roadblocks that can obscure the path to a mutually agreeable Marital Settlement Agreement.  At the Law Offices of James S. Cunha, P.A., we understand that conflict, while sometimes unavoidable during a Florida marital dissolution, can cause long-term problems that create emotional and financial hardships.

Many times a resolution of issues in a divorce can be negotiated during mediation.  Mediation is a negotiation process where the parties to a Florida marital dissolution meet along with their attorneys to discuss the equitable distribution of assets and debts, alimony, parenting arrangements, and child support.  These agreements are then memorialized in the Marital Settlement Agreement and/or Parenting Plan.  Once all of the terms and conditions of your divorce have been negotiated and the MSA is negotiated, you only need the Final Judgment of Divorce, which will ratify and incorporate the MSA as the key component of the judgment.  If matters cannot be resolved, then there will be further litigation where a judge will adjudicate these issues.

When the issues in a divorce can be resolved by a Marital Settlement Agreement, the terms are generally more acceptable to both sides than when a judge must rule on the issues during a litigated hearing.  While settlements on the issues in your Florida divorce may represent compromises on issues that are not completely satisfactory dispositions, imperfect solutions that are negotiated are typically more palatable than those that are imposed by a Florida family law judge. When the settlement agreement is made part of the judgment, it becomes a court order so that it is enforceable via contempt proceedings on issues of support, parental responsibility, and time-sharing.

If you are contemplating a divorce in West Palm Beach or elsewhere in Florida, West Palm Beach family law attorney James S. Cunha and is legal team can assist you.  To schedule a consultation, please call the Law Offices of James S. Cunha, P.A. at 561-429-3924.

 

Categories: Marital Settlement Agreements Tags: Divorce Attorney, Divorce Law Firm, Divorce Lawyer, Marital Settlement Agreement, Palm Beach Divorce Lawyer, South Florida Divorce, West Palm Beach

Blog Categories

Blog Archives

Practice Areas

  • Alimony
  • Fees and Costs in Divorce and Family Law Cases
  • Business Valuation
  • Child Custody and Visitation
  • Child Support
  • Divorce
  • Domestic Violence Injunction
  • High Net Worth Divorce
  • Modification of Court Orders
  • Parental Relocation
  • Paternity

Practice Areas

  • Premarital Agreement
  • Tax Implications of Divorce
  • Property Division
  • Temporary Relief
  • Uncontested Divorce
  • Civil Litigation
  • Business Law
  • Auto Accidents
  • Catastrophic Injuries
  • Personal Injury Overview
  • Wrongful Death

Locate Us

Contact Info

Divorce Lawyers
Law Offices of James S. Cunha, P.A.
250 S Australian Ave
Ste 1402

West Palm Beach FL 33401
United States
561-429-3924
[email protected]
www.pbclegal.com
Open: Monday-Friday 9am-5pm

LinkedinFacebookGoogle +

Copyright © 2025 Law Offices of James S. Cunha, P.A.
Disclaimer | Privacy Policy | SiteMap
Law Offices of James S. Cunha, P.A.

250 S Australian Ave
Ste 1402
West Palm Beach FL 33401
United States
(561) 429-3924