If I got divorced only 10 years ago and my former spouse has yet to turn over some assets, what can I do?

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If I got divorced only 10 years ago and my former spouse has yet to turn over some assets, what can I do?

In my divorce settlement I was entitled to a lump sum to equalize our retirement accounts, but my spouse never turned it over. She is being a pain and I’d like to protect my rights to getting this resolved. What is the best course of action for me to take as the divorce approaches its 10th anniversary?

Asked on September 2, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Oh my goodness.  You have surely been a patient man.  Your settlement agreement is a contract between the two of you.  Your rights and obligations are written in that contract.  If your ex wife has yet to fulfill her obligations then she is in breach of the contract.  Additionally, if the settlement was incorporated by reference and made a part of the order of divorce, she is in contempt of the order.  Judge's do not like it when the parties ignore their orders.  I would seek help from an attorney to enforce the settlement and to hold her in contempt. Hauling her back in to court will make her stand up and take notice.  Good luck.


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