When a divorce is resolved by order of the court in a divorce decree or by agreement of the parties in a marital settlement agreement or mediated settlement agreement (MSA), the former spouses (parties) are required to comply with their obligations under the divorce decree or MSA.

When a party fails to meet their obligations under the divorce decree or MSA, the other party may (1) file a motion for enforcement or request for orders (RFO) with the court that had jurisdiction over the parties’ divorce proceeding; (2) request an order for the non-compliant party to comply; and (3) request the court to order the non-compliant party to pay the attorney fees and costs incurred by the party seeking enforcement of the divorce decree or MSA.

And if a party repeatedly fails to comply with the court’s orders, the other party may seek to have the non-compliant party held in contempt of court—a special procedure for forcing compliance or punishing non-compliance—in which the court may award both civil penalties (fines, assessment of attorney fees and costs) and criminal penalties (confinement in jail as punishment for failing to comply with the court’s orders).

In Florida, when a former spouse does not fulfill their obligations under a divorce decree or a marital settlement agreement (MSA), the other spouse has the right to take legal action to enforce the terms. The aggrieved party can file a motion for enforcement or a request for orders (RFO) with the court that originally handled the divorce. Through this motion, they can ask the court to order the non-compliant party to adhere to the agreement and to cover the attorney fees and costs associated with the enforcement action. If the non-compliance is persistent, the compliant party may pursue contempt proceedings against the non-compliant party. Contempt of court is a serious matter and can result in civil penalties, such as fines and the payment of attorney fees, or even criminal penalties, which can include jail time. The purpose of these penalties is to ensure compliance with the court's orders and to penalize disobedience.