What Can I Do if My Former Spouse Violates Our Agreement?

Unfortunately, for some former spouses, the entry of a Judgment of Divorce does not always mean the end of litigation. After a divorce, the parties often have obligations to pay spousal support, pay child support, and/or divide marital assets. While most parties think the Judgment of Divorce is the end of their litigation, if both parties do not comply with the Judgment of Divorce, litigation will ensue to ensure the defaulting parties’ compliance.

If a party fails to abide by the terms of the Judgment of Divorce and is defaulting on their obligations therein, the non-defaulting party can bring an application for contempt. When seeking to hold the defaulting party in civil contempt you will need to prove to the Court that there was a valid order that the defaulting party was aware of, there must be a deliberate failure to comply with the order and the defaulting parties’ failure to abide by the order must have harmed or impaired the rights of the non-defaulting party.

The purpose of filing a contempt action is to force the defaulting party to abide by the terms of the Judgment of Divorce and make the non-defaulting party whole. If the Court finds the defaulting party to be in contempt, the Court can impose a fine, imprisonment or both.