questions & answers

Question: Divorced for 5 months...x wife and i agreed to an dollar amount settlement for a 401k account. In the decree we agreed that "wife shall establish and disclose to husband her IRA Roll Over account within 10 days of entry of parties Consent Decree of Dissolution of Marriage". She failed to meet the within 10 day agreement. Does this put her in breach of contract? She plans on filing for enforcement of the decree? What can i do to protect myself? Doni have any legal ground to stand on? Additionally thwre are several other minor items in the agreement that she has failed to abide by. Thanks

Answer: If one spouse fails to follow the provisions of the divorce decree, the non-violating spouse can ask the court to order the violating spouse in contempt of court. Additionally, a Petition to Enforce a Court Order about Division of Property can be filed. Please consult an attorney for more information.