Including Information About Adult Children in a Settlement
For divorcing parents, the focus is usually on minor children, marital assets, and spousal support. However, many divorcing couples have adult children whose lives are still closely connected to the family unit. This often raises an important question: Can adult children be included in a divorce settlement, and if so, how?
While Florida law treats adult children differently than minors, there are circumstances when it makes sense to address issues related to adult children in a divorce settlement. Have a conversation with an Orlando family lawyer to determine if this may be appropriate and practical for you.
When Adult Children May Be Addressed
Under Florida law, courts generally do not have jurisdiction over adult children in divorce proceedings. Once a child turns 18 (or graduates from high school, if later but before age 19), parents are no longer legally required to provide child support, and custody or parenting plans no longer apply.
Although courts cannot impose obligations concerning adult children, divorcing spouses can voluntarily agree to include certain provisions in their marital settlement agreement. These agreements are contracts between the spouses and can address issues that matter to the family, as long as they are lawful and clearly defined.
Common examples include:
- Agreements to contribute to college tuition, graduate school, or vocational training
- Responsibility for health insurance, uncovered medical expenses, or therapy
- Plans regarding family businesses or property in which adult children have an interest
While a court will not force these arrangements absent an agreement, it can approve and incorporate them if both parties consent.
One notable exception involves adult children who are dependent due to physical or mental disabilities that began before adulthood. In these cases, Florida courts may allow continued support obligations. These situations require careful legal handling, detailed documentation, and thoughtful planning to ensure the adult child’s long-term needs are met without creating unintended consequences.
Clarity, Precision, and What Cannot Be Included
Including adult children-related provisions without precise language can create future disputes. Vague promises may be difficult to enforce or interpret later. Clear drafting protects both spouses and reduces the likelihood of post-divorce conflict.
It is equally important to understand what should not be included. Divorce settlements should not attempt to control adult children’s personal choices, living arrangements, or relationships. Courts will not enforce provisions that infringe on an adult child’s autonomy or attempt to give one parent authority over another adult’s decisions.
Balancing legal boundaries with family priorities can be challenging. An Orlando family lawyer can help you understand what is legally permissible, draft enforceable agreements, and ensure that any provisions involving adult children align with Florida law and your long-term goals.
Why do you want to include adult children in a divorce settlement? While adult children are no longer subject to court-ordered parenting arrangements, they may still be an important part of your family’s financial and emotional planning. With legal guidance from the family law attorneys at Donna Hung, divorce settlements can reflect those realities while avoiding unnecessary complications. Call 407-999-0099 or contact us online to schedule a confidential consultation.
