Divorce Settlement Agreement Enforcement

If you have not signed a marriage contract specifically describing each person`s property rights after marriage, the judge would normally divide marital property equally between you and your ex. A prenup prevents your ex from taking property (real estate, family patrimony and money) that you acquired before the marriage. If you have not signed a prenup and your ex refuses to give you property that legally belongs to you, you can invoke Replevin, a legal term also known as “claim and delivery”. If the dust of your divorce proceedings has subsided, you can breathe a sigh of relief. All the emotional and psychological efforts you make for your separation are in the past. For some, divorce agreements may just be a piece of notarized paper, but for people whose exes do not maintain the end of the transaction, this piece of paper is an enforceable act that can legally compel them to pay. If you have joint accounts, try to close them or put them in your name before the divorce becomes final. Otherwise, you can request that the judge fairly divide the debt between you and your ex, so that you are both responsible for what you owe as individuals. Like any other patrimony or fortune, a pension acquired during the marriage is generally considered to be a common patrimony. It is referred to as the Order of Domestic Relations (QDRO) when it appears in a divorce agreement. Like marital wealth, States can choose how pension assets are distributed among former spouses.

Unlike spousal and family allowances, your ex cannot refuse to share his retirement assets with you, because the QDRO allows the court to withdraw directly, with or without his consent, the agreed amount of his retirement provision. . . .