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How do I enforce the Separation Terms and Agreements with My Spouse?
How do you go about enforcing the separation agreement if my spouse is not following everything on there?
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Answers (1)
A separation agreement, also known as a separation agreement contract, is a contract between you and your ex-spouse outlining the terms of your divorce, generally describing how the assets will be divided. These agreements may be incorporated into the court’s final divorce order. If so, then the agreement is enforceable through the court’s contempt powers. However, if the agreement was not included in the final divorce order, the agreement has the same power as any private contract.
If your ex-spouse is not complying with the agreement, you should consult an attorney to determine if the agreement was incorporated into the divorce decree and if the court will enforce the agreement using its contempt powers. An attorney will also be able to advise you of the steps for enforcing the separation agreement, and can suggest the best approach for enforcing an agreement that was not included in the court order.
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Posted by Jeff Rickman on 25 Jan 2010