As you prepare to create a marital settlement agreement in Florida, there are several things you should be certain you do. One is to negotiate carefully and diligently to include all of the terms you need and exclude everything that you need left out. After that, you need to be sure that the written document presented for your signature accurately reflects everything for which you negotiated. This is vital because, if there is a dispute later, the court will rely heavily on what is in “black and white” in the written marital settlement agreement. An experienced South Florida divorce attorney can provide you with invaluable representation throughout this process, including both the negotiation and drafting of your marital settlement agreement.
Jay and Jane were a couple in Broward County whose marital settlement agreement was on center stage in their Court of Appeal case. The spouses had created a marital settlement agreement in the fall of 2015 and finalized their divorce shortly thereafter. Just a few weeks later, the husband passed away.
The couple had agreed in their MSA that, as a “contingency arrangement for the equalizer payment,” the husband would pay the wife 120 monthly payments of $5,000 each starting in November 2015 (for a total of $600,000.) The husband’s estate, though, paid Jane $400,000 up front and then made 28 monthly payments of $5,000, after which the payments stopped.