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If your ex-spouse violates your marital settlement agreement in New Jersey, you may be able to take legal action. Start by documenting each violation, speaking with your attorney, and trying to resolve the issue directly when appropriate. If the problem continues, your lawyer may recommend asking the court to modify the agreement or filing a motion for contempt. Depending on the violation, the court may order wage garnishment, make-up parenting time, fines, or other penalties.
According to the Institute for Family Studies, approximately 40% of first marriages in the United States are projected to end in divorce. If you are someone who went through a divorce, you may be struggling with a spouse who fails to abide by your marital settlement agreement. They may fail to make alimony payments, fail to pay their share of the marital debts, refuse to honor custody arrangements, or try to deny you parenting time with your children.
When this happens, it can be helpful to have a New Jersey family law attorney in your corner to help you determine what you can do. In some cases, you may be able to resolve the issue with your ex without going to court, but in others, you may need to bring your case before a judge.
A marital settlement agreement (MSA) is a legally binding contract between divorcing spouses that outlines the terms of their divorce, including asset division, alimony, child support, and custody arrangements. Once both parties sign the agreement and a judge approves it, it becomes part of a court order that each party must strictly follow. There are consequences for not following this agreement.
What happens when a spouse is not following the marital settlement agreement depends on the nature of the violation and when it occurs. If you and your former spouse have agreed to a settlement but the divorce has not yet been finalized, you should first consult with your New Jersey divorce attorney. Addressing the issue early may allow you to renegotiate the terms of the agreement before the divorce becomes final.
When it seems unlikely that one party will abide by the divorce agreement, it may not make sense to sign it as is. Even if it costs time and money, you need to make sure that you protect yourself. Once a divorce agreement is finalized and becomes part of a court order, it is difficult to change.
A bigger challenge comes when the divorce is finalized, and your former spouse is not following the agreement. Your rights are at stake, and you should immediately consult with your divorce attorney to figure out how to proceed. Your lawyer will likely advise you to act deliberately rather than reactively. Impulsive decisions can weaken your legal position. You will need a multi-part strategy to deal with the problem.
Even still, it is generally best to avoid court when the agreement is not being followed. Going before a judge should be a last resort unless there is an emergency situation that needs to be addressed immediately.
Your family lawyer will tell you that you need to document every situation carefully. Eventually, you may need a record of each violation to prove a pattern of behavior. Documenting violations can include a number of things, such as:
Before escalating to legal action, raise your concerns directly with your ex-spouse. Perhaps they did not realize there was a problem with what they did, or they may be testing limits to see what they can get away with.
Either way, you do not lose anything by trying to have a conversation about the situation. The best dispute is one that is avoided, and some communication can go a long way. While it is not necessarily your obligation to fix their lack of compliance, you may need to show later on that you tried to address the situation with your ex-spouse. Often, the problem stems from a misunderstanding that can be resolved through a conversation.
If the behavior persists and you are unable to resolve it among yourselves, you have legal options. These both involve the court, so it is best to go down these roads only if all other options have failed.
If the divorce is final and your ex continues to violate the agreement, your divorce attorney may advise you to file a legal motion seeking a modification of the agreement. To obtain a court-ordered change to an already-signed agreement, you would generally need to show that there were changed circumstances.
One thing that could persuade the court is evidence that the other party is not complying with the court’s order. This could help protect you in the future if another breach occurs.
The most serious option when one party is breaching the marital settlement agreement is to file for contempt of court. This is a significant step because contempt of court can result in civil or even criminal penalties, including fines or jail time, depending on the severity of the offense. Filing a contempt action sends a clear message to the other party that you will not tolerate their non-compliance.
Before pursuing a contempt charge, discuss the situation thoroughly with your divorce lawyer. Not every violation will meet the legal threshold for contempt. For example, if your ex-spouse is five minutes late to pick up the children, a judge would likely not grant a contempt motion. However, if they are consistently denying you custody time or refusing to transfer property as required by the marital settlement agreement, that may well be sufficient grounds for the court to act.
If your ex-spouse is found to be in contempt of court, the consequences depend on which part of the agreement they violated:
If you have concerns about post-divorce or your ex-spouse is violating your marital settlement agreement, contact Lawrence Law to speak with an experienced New Jersey divorce attorney.
Our Watchung and Red Bank family law lawyers can speak with you over the phone or meet with you online. Call us at (908) 645-1000 or contact us through our website to schedule a consultation.
6 Steps to Take When Your Ex Violates Your Marital Settlement Agreement
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