LegalFix

Divorce

settlement agreement

A divorce may be 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), and 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).



State Statutes for the State of Texas

CHAPTER 844 - BENEFITS

retirement benefit may be set forth in the divorce decree or in an order approving the terms of a property settlement agreement incident to the divorce of the retiree and beneficiary but must be dated on or after December

Federal Statutes

§ 8467. Court orders

divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or

§ 2094. Attachment of moneys

divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.

§ 4044. Definitions

(4) “court order” means any court decree of divorce or annulment, or any court order or court approved property settlement agreement incident to any court decree of divorce or annulment;

§ 8705. Death claims; order of precedence; escheat

divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.

§ 8445. Rights of a former spouse

extent expressly provided for in an election under section 8417(b), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree

§ 178. Retirement of judges of the Court of Federal Claims

divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.

§ 2002. Definitions relating to participants and annuitants

(B) a court order or court-approved property settlement agreement incident to such court decree of divorce

§ 8706. Termination of insurance; assignment of ownership

court decree of divorce, annulment, or legal separation, or the terms of a court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation, may direct that an