Court Cannot Rewrite a Final Agreement

In Florida family law, courts do not have authority to rewrite or modify a settlement agreement unless there is ambiguity, mistake, fraud, or unconscionability. The case of Eldridge v. Eldridge, 147 So.3d 1048 (Fla. 5th DCA 2014), illustrates this point. There, the appellate court reversed a trial court order that altered the agreed terms related to the husband’s business. The parties had agreed the husband would retain the business, with structured payments made to the wife. By retroactively awarding the wife additional distributions, the trial court improperly modified a final, ratified agreement.

This case emphasizes the binding nature of final agreements. Litigants should ensure clarity and precision in drafting. Once signed and ratified, courts are expected to enforce agreements as written.

Practically speaking, this means:

• Be cautious about vague language. Courts interpret ambiguous agreements strictly.
• Document all negotiations thoroughly.
• Ensure that every term of the agreement is clearly defined and unambiguous.
• Anticipate common changes (such as asset fluctuations or future income) and build flexibility into the agreement if desired.
• If a change is needed post-judgment, seek formal modification through proper legal channels.

If an agreement is ambiguous, a court may admit extrinsic evidence to interpret the parties’ intent—but not to rewrite the contract. This can lead to delays, uncertainty, and the risk of having the agreement overturned on appeal. Clients are best served by investing time and legal review before signing any property settlement.

If you need help drafting, reviewing, or enforcing a marital settlement agreement, contact Rhoden Law Group at 321-549-3162 or use the contact form on this site. We serve clients throughout Brevard County, including Melbourne, Viera, Palm Bay, and the beaches.For more information about Equitable Distribution visit our YouTube channel to get the video content you need.  Otherwise, you can always call the office to speak to one of our experienced attorneys.