Preparing for Your Marital Settlement Agreement and Parenting Plan: A Client’s Checklist

What to gather, what to think about, and what to leave to your attorney before drafting begins.

If you are heading into a divorce in Florida, two documents will define your future: the Marital Settlement Agreement (MSA) and, if you have minor children, the Parenting Plan (PP). The MSA resolves the financial side of your divorce. The Parenting Plan governs how you and your former spouse will raise your children going forward.

These are not generic forms. They are negotiated, customized documents that — once signed and entered as part of a Final Judgment — are very difficult and expensive to change. The single most useful thing you can do before drafting begins is to walk in organized.

Why Preparation Matters

Preparation does three things: it shortens the process, it lowers your legal fees, and it puts you in a position to make calm, informed decisions instead of reactive ones.

This article is a checklist. It does not replace legal advice. The strategy, what to ask for, how to value it, how to negotiate it, how to draft it, is the work your attorney does. Your job is to bring the raw material.

Part 1: Understanding the Two Documents

The Marital Settlement Agreement (MSA)

Your MSA addresses every financial issue arising from the marriage, which generally includes:

Identification and division of marital assets and debts
Treatment of non-marital (separate) property
Real estate, retirement accounts, investment accounts, and personal property
Spousal support / alimony, if applicable
Child support, when there are minor children
Tax considerations and filing status going forward
Allocation of attorney’s fees and costs

The Parenting Plan (PP)

Florida law requires a Parenting Plan in any case involving minor children. At minimum, it must describe how parents will share daily parenting tasks, the time-sharing schedule, decision-making responsibility, communication methods, and how the children’s school-related matters will be handled. In practice, well-drafted plans go far beyond the minimum and address the recurring friction points that come up in real families.

Part 2: Florida’s Mandatory Disclosure Rule (Rule 12.285)

Before getting into the checklist, it helps to understand why so much of this preparation is required regardless of how cooperative your case is. Florida Family Law Rule of Procedure 12.285 — known as the Mandatory Disclosure rule — requires every party in a Florida dissolution of marriage case to automatically exchange specific financial documents within 45 days of being served, even if no one asks for them.

The rule is broad. It covers tax returns, pay stubs, bank and brokerage statements, retirement and pension records, credit card statements, deeds, loan applications, and more. Compliance is not optional, and the rule applies to dissolution, paternity, support, and most other family law matters with a financial component.

The practical takeaway: most of what you would gather to be a well-prepared client is the same material the rule requires you to produce anyway. Starting early simply lets you do it on your own schedule rather than under a deadline.

Part 3: Financial Preparation Checklist (for the MSA)

Begin gathering these before your first substantive meeting.

Income Documentation

Federal tax returns — last three years (all schedules and W-2s/1099s)
Pay stubs — most recent six months
Year-to-date earnings statements
Documentation of bonuses, commissions, RSUs, stock options, or deferred compensation
Self-employment records, if applicable (profit/loss statements, business returns)
Records of any other income (rental, investment, royalty, disability, retirement, Social Security)

Assets — Make a List of Everything

Real property: address, approximate value, mortgage balance, whose name is on title and on the loan
Vehicles: make, model, year, lender (if any), approximate value
Bank accounts: institution, account type, approximate balance, whose name is on the account
Investment / brokerage accounts
Retirement accounts: 401(k), 403(b), IRA, pension, military retirement, government retirement
Life insurance with cash value
Business interests, partnerships, professional practices
Cryptocurrency holdings
Significant personal property: jewelry, art, collectibles, firearms, equipment

Debts — A Separate List

Mortgages and home equity lines
Auto loans
Credit cards (each one, with current balance)
Student loans
Personal loans, including loans from family members
Tax liabilities, judgments, or liens
Business-related debt

Insurance and Recurring Obligations

Health insurance — provider, coverage, monthly premium, who is covered
Life insurance — policy details, beneficiaries
Auto, homeowner’s, umbrella policies
Recurring monthly obligations (utilities, subscriptions, memberships)

Important Notes on Property

Separate (non-marital) property: anything you owned before the marriage, inherited, or received as a gift specifically to you. Gather any documentation that proves it — deeds, account statements predating the marriage, gift letters, inheritance records.
Premarital agreements: if you signed one, locate the original.
Do not move, hide, transfer, or liquidate marital assets once you know divorce is coming. This can create serious legal consequences.

Part 4: Parenting Information Checklist (for the Parenting Plan)

This is information about your children and your family’s actual life. The more accurate and complete it is, the better the plan will fit you.

The Children

Full legal names and dates of birth
Schools currently attended, grade levels, and any special programs (gifted, IEP, 504 plan)
Pediatrician, dentist, orthodontist, therapist, and any specialist providers
Current medications, diagnoses, allergies
Therapy or counseling history
Activities — sports, music, religious instruction, tutoring — including schedules and costs

The Current Routine — Be Honest

Who handles morning routines, school drop-offs, pickups, homework, bedtime
Who manages medical appointments, school communications, and activity logistics
Who attends teacher conferences, sporting events, and performances
Who provides for daily meals and food preparation
Whether there is consistent contact with extended family on each side

Geography and Logistics

Each parent’s anticipated address (or addresses, if not yet decided)
Distance between the two homes
Distance from each home to school
Each parent’s work schedule and any travel demands
Childcare resources — daycare, after-school, family help

Holidays and Special Occasions

Think through how your family has historically handled the following — not what you want, but what has actually happened:

Thanksgiving, Christmas Eve, Christmas Day, Hanukkah, other religious holidays
New Year’s Eve and Day
Spring break, fall break, teacher workdays
Summer vacation
Children’s birthdays, parents’ birthdays, Mother’s Day, Father’s Day
Family traditions important to either side

Communication and Decision-Making

How you and the other parent currently communicate (text, call, email, app)
Whether communication has been productive, contentious, or unsafe
Major decisions made together vs. unilaterally during the marriage
Religious upbringing and practices
Approach to medical care (traditional, integrative, vaccinations, mental-health treatment)
Educational philosophy (public, private, parochial, homeschool)

Concerns to Disclose to Your Attorney (Confidentially)

Any history of domestic violence, substance abuse, or untreated mental illness
Any DCF involvement, prior injunctions, or criminal history
Any concerns about the other parent’s ability to safely care for the children
Any past relocations or threats of relocation

These issues materially affect how a Parenting Plan is structured. Be candid with your attorney even when it is uncomfortable.

Part 5: Mindset and Communication Preparation

Identify your priorities, not your positions. Know what matters most to you — stability for the children, the marital home, retirement security, a clean financial break — and let your attorney help translate priorities into terms.
Resist the urge to negotiate directly with your spouse. Casual agreements made over text or in the kitchen tend to come apart later, and can affect the legal posture of your case in ways you may not anticipate.
Document, but do not weaponize. Keep a calm written record of significant interactions, schedules, and incidents. Do not goad, bait, or escalate. Anything you write can end up in front of a judge.
Be careful on social media. Assume everything you post — and everything your friends post about you — could be used as evidence.
Protect your mental health. Therapy, support groups, and trusted friends are valuable. Lawyers are not a substitute for any of those.

Part 6: What to Bring to Your First Substantive Meeting

A written summary of your situation: when you married, when you separated (or plan to), the names and ages of your children, and the issues you anticipate
Last three years of tax returns
Recent pay stubs for both spouses, if available
Your asset list and your debt list
Any prior agreements (premarital, postnuptial, prior court orders)
Any communications you believe are relevant — but do not bulk-print every text
A list of your questions

Part 7: Common Preparation Mistakes

Signing something your spouse hands you before talking to a lawyer. Even a “temporary” written agreement can have lasting effects.
Drafting your own agreement off an internet template. Florida has specific statutory and procedural requirements. Mistakes are expensive to fix later — sometimes impossible.
Treating the Parenting Plan as a victory or loss. It is a long-term operating manual for raising your children. The right framing is what works, not who wins.
Hiding assets. Florida courts have broad authority to address concealment. The downside risk is far worse than the upside.
Telling the children too much. Whatever your feelings about your spouse, the children are not your confidants and they are not messengers.

A Final Word

Divorce is one of the most consequential legal events most people will ever go through. The MSA and Parenting Plan are not paperwork — they are the framework for the next chapter of your life. Walking in prepared does not just save money. It gives you back a measure of control at a time when very little feels controllable.

For more information about navigating divorce in Florida, visit our divorce practice page. And DOCUMENT, DOCUMENT, DOCUMENT!

To discuss your situation with an experienced Florida family law attorney, call or text our office today, or use the Contact form on our website to schedule a complimentary phone consultation. Rhoden Law Group is a small boutique firm offering warm, compassionate counsel paired with sharp legal knowledge and strong client advocacy. We are highly successful at resolving cases without litigation, which can save our clients significant time and money. Our team also includes a family law guardian ad litem with expertise in both psychology and law, giving us unique insight into the personal and financial complexities of family law matters.

Disclaimer: This article is intended for general informational purposes and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For advice on your specific situation, consult a licensed Florida attorney.