If you`re going through a divorce, you may have signed a separation agreement with your soon-to-be-ex-spouse. This agreement outlines the terms of your separation, including how assets will be divided, who will have custody of any children, and who will pay for what expenses. While a separation agreement can help make the divorce process smoother, it`s not always followed by both parties. This is where violations of separation agreements come into play.
A violation of a separation agreement occurs when one party doesn`t follow the terms of the agreement. This can be frustrating and stressful, but it`s important to remember that there are legal options available to you if your ex-spouse isn`t holding up their end of the bargain.
Here are some common violations of separation agreements:
1. Failure to pay child support: If your ex-spouse isn`t paying the child support as outlined in your separation agreement, you have legal options to enforce it. You can file a motion for contempt in court, which can result in your ex-spouse being ordered to pay the child support owed or face consequences such as wage garnishment or even jail time.
2. Failure to pay spousal support: Similar to child support, if your ex-spouse fails to pay the agreed-upon spousal support, you can file a motion for contempt in court.
3. Failure to abide by custody arrangements: If your ex-spouse is not following the custody arrangements outlined in your separation agreement, you can file a motion for contempt in court. The court may order your ex-spouse to follow the custody arrangements or face consequences such as a change in custody arrangements.
4. Disposal of marital assets: If your ex-spouse is disposing of marital assets without your consent, this is a violation of the separation agreement. You can file a motion for contempt in court and seek equitable distribution of the assets.
It`s important to note that a violation of a separation agreement is a legal matter, and it`s best to consult with a lawyer. A lawyer can help you understand your legal options and guide you through the process of enforcing the separation agreement.
In conclusion, a violation of a separation agreement can be a frustrating and difficult situation to deal with. However, there are legal options available to ensure that both parties are abiding by the terms of the separation agreement. If you`re going through a divorce, it`s important to have a well-written separation agreement that is clear and unambiguous to avoid any misunderstandings in the future.