STOCK OPTION GRANTED DURING DIVORCE.

I WAS AWARDED A PORTION OF My EX HUSBANDS TESPHE ACCOUNT. HE TOOK IT OUT AND SPENT IT. HE WAS TO HAVE IT TRANSFERED TO ME. THROUGH MY IGNORANCE I ASSUMED IT WAS DONE. WHAT IS MY RECOURCE?

Asked on June 14, 2009 under Family Law, Ohio

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Normally what has to be done in this situation is that you have to file a motion in the court which issued the divorce and seek to hold your ex husband in contempt of court for violating the terms of your divorce. I am not sure if your divorce was by way of trial or by stipulation of settlement. Very often in the stipulation there is a provision that states that if one party defaults he may be ordered to pay your legal fee if he violates the terms . Also, each state has different rules on the issue of contempt and you may have to seek other remedies first, demand letter etc, before the court grants you a contempt finding. You need to consult your divorce attorney or another one in your state and locality for the specific details but no matter what, you need to do something because if you wait too long you may be deemed to have waived it. There is certainly things you can do.


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