settlement from divorce

How soon after the divorce does a spouse have to pay the agreed upon settlement for the house? Or does it have to be spelled out in the divorce degree? The divorce took place in Nebraska.

Asked on July 3, 2009 under Family Law, Nebraska


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This should have all been spelled out in the divorce decree, or other court order, or at least in a mutually consented to agreement between the parties.  You should consult with your divorce lawyer on this.  If for some reason this issue was not addressed in any of the foregoing, and there is a problem in getting the settlement payout, then the owner-spouse will need to make application to the court ordering timely payment.

Again, consult with your attorney on this.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It usually is spelled out in the divorce decree.  Details like this are one of the reasons it makes sense to have a lawyer represent you.  If there's no time set, then the law will read in something like, "a reasonable time under the circumstances."

If it's gone on too long, the ex-spouse who's supposed to receive the money can go back to the court for an order fixing the time when the payment is to be made, or, often, forcing the house to be listed for sale.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.