What can I do when my spouse didn’t uphold the agreement on the signed “Legal” Separation Agreement?

My husband agreed to pay me $400 a month until he has paid me back all of the monies he borrowed from me. Do I have reason to NOT sign the divorce papers and respond back that once he has paid me back the rest amount IN FULL, I will gladly sign the papers? I

Asked on June 15, 2009 under Family Law, Louisiana


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the separation agreement states that he must oblige and pay 400 a month until you are paid back until he satisfies that obligation the next step which is signing the divorce papers should not be reached. If your husband is not following through he is actually in violation of the separation agreement and in may be something that can be thrown out if you wanted to pursue that.

If all you want is for him to pay you as agreed upon than explain that to him and if he continues to refuse to pay you may want to hire a local attorney to help you enforce this agreement and if your husband continues to fail to pay you can make a contempt motion (assuming it was a properly executed separation agreement)

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