Posted by Nydia Streets of Streets Law in Florida Divorce
Generally, the clear and unambiguous terms of a Florida marital settlement agreement will be enforced despite unfair terms. Courts are not free to re-write an agreement reached by the parties. In this way, marital settlement agreements are enforced much like other types of contracts in Florida. This was an issue in the case Rosen v. Rosen, 4D22-922 (Fla. 4th DCA April 12, 2023).
As part of their divorce, the parties entered a marital settlement agreement which provided in part that the parties would be equally responsible for attorney’s fees and costs in defending a lawsuit filed against limited partnerships owned by the former wife’s revocable trust. The former husband disagreed regarding his payment obligations under this clause. The trial court entered an order which re-wrote the parties’ agreement, presumably making him responsible for less than half of the attorney’s fees and costs. The former wife appealed.
The appellate court reversed, holding “The MSA squarely placed the litigation expenses and the obligation to pay any final judgment upon the parties, without considering whether any other entities might also have a legal duty to contribute.” The court went on to specifically direct the trial court regarding what language should be deleted from the trial court’s order and inserted in the place of other language in order to comport with the terms of the marital settlement agreement.
Schedule your meeting with a Miami family law attorney to understand how the law may apply to your case.