A final judgment of dissolution of marriage brings closure to one of the most emotionally and financially demanding chapters in a person’s life. That judgment often incorporates a carefully negotiated or court-imposed divorce agreement—covering critical matters such as property division, alimony, child support, and time-sharing. But when one party fails to comply with the terms of that agreement, the fallout can be significant. Noncompliance disrupts financial security, jeopardizes parenting stability, and frequently results in protracted post-judgment litigation.
In Florida, parties to a divorce agreement have access to a broad range of legal remedies to enforce compliance and rectify the harm caused by a breach. Whether the default involves unpaid support, failure to transfer property, or interference with custody, courts are empowered to impose strong sanctions and compel performance. For individuals navigating such post-divorce disputes, a knowledgeable Tampa divorce attorney can guide them through the enforcement process and protect their legal rights.
This article provides a detailed overview of what constitutes a breach of a divorce agreement, the remedies available under Florida law, the procedural mechanisms for enforcement, and the strategic considerations for both initiating and defending against a breach claim.
Understanding the Legal Status of Divorce Agreements
A divorce agreement, whether called a marital settlement agreement (MSA) or separation agreement, becomes enforceable when it is incorporated into the final judgment of dissolution. Once that occurs, the agreement functions as both a contract and a court order. This dual nature gives rise to powerful enforcement options:
- As a contract, a breach gives the aggrieved party the right to pursue remedies under contract law, including damages or specific performance.
- As a court order, a violation can result in contempt proceedings, allowing courts to use coercive powers to ensure compliance.
A Tampa divorce attorney will first determine whether the violated provision is enforceable as part of a final judgment or remains a separate contract, which affects the remedies available.
Common Types of Breach in Divorce Cases
Post-divorce enforcement actions typically involve one or more of the following violations:
- Nonpayment of Alimony or Child Support
Failure to make support payments as ordered is one of the most common forms of breach. Florida courts view these violations seriously and offer strong enforcement remedies. - Failure to Transfer Property or Refinance Debts
A party may refuse to deed over real estate, transfer vehicle titles, or refinance marital debts as agreed. - Interference With Time-Sharing or Parenting Plans
One parent may deny access, refuse to facilitate exchanges, or otherwise interfere with the child’s relationship with the other parent. - Violations of Equitable Distribution Provisions
Parties may conceal or withhold assets, delay transfers, or fail to divide retirement accounts. - Noncompliance With Life Insurance or Beneficiary Designations
Agreements may require life insurance or specific designations to secure support obligations. Failure to maintain those protections constitutes breach. - Failure to Follow Relocation Terms or Notice Provisions
A parent may move without consent or court approval, violating the agreement’s relocation clause.
A Tampa divorce attorney must examine the specific terms of the agreement and match the facts of the violation to the appropriate remedy.
Contempt of Court as a Primary Enforcement Tool
Because most divorce agreements are incorporated into the final judgment, violations may be enforced through civil contempt proceedings. A party is in contempt when they:
- Have knowledge of a lawful court order;
- Are capable of complying with it;
- Willfully refuse to comply.
Remedies in contempt proceedings include:
- Coercive fines
- Incarceration until compliance is achieved
- Payment of attorney’s fees and court costs
- Make-up parenting time
- Garnishment or liens on assets
A Tampa divorce attorney seeking contempt must file a motion for enforcement and contempt, serve the opposing party, and present clear evidence of the breach and the ability to comply.
Contract Remedies for Breach of Divorce Agreements
If a provision of the agreement was not incorporated into the court order, the remedy may lie in contract law. This includes provisions about:
- Property not addressed in the final judgment
- Future obligations such as college expenses or non-court-ordered support
- Side agreements or amendments not ratified by the court
Contract-based remedies include:
- Specific performance (court order compelling action)
- Compensatory damages
- Declaratory judgment
- Injunctions
A Tampa divorce attorney handling a contract claim must demonstrate that a valid contract existed, that the other party breached its terms, and that damages resulted from the breach.
Child Support Enforcement Through State Mechanisms
Florida’s Department of Revenue (DOR) offers enforcement services for child support orders, including those arising from divorce. DOR remedies include:
- Wage garnishment
- Intercepting tax refunds or lottery winnings
- Suspending driver’s licenses and professional licenses
- Placing liens on property
- Reporting to credit bureaus
These administrative remedies are especially useful when the recipient lacks the resources to initiate a private enforcement action. However, they may be slower and less customizable than judicial enforcement. A Tampa divorce attorney can advise whether to proceed through the DOR or file directly with the family court.
Time-Sharing Violations and Co-Parenting Enforcement
When one parent interferes with the other’s court-ordered time-sharing, the court has several remedies under Florida Statutes § 61.13:
- Compensatory time-sharing to make up for missed time
- Modification of the parenting plan if interference is persistent
- Contempt sanctions or coercive orders
- Mandatory parenting coordination or co-parenting therapy
- Suspension of decision-making authority
Courts look for patterns of obstruction, such as repeatedly denying visitation, alienating the child, or failing to communicate about the child’s welfare.
A Tampa divorce attorney must document violations with specificity and demonstrate how the conduct is harming the child or undermining the court’s orders.
Enforcement of Property Division and QDROs
Marital settlement agreements often divide real property, vehicles, retirement accounts, and investment portfolios. A party who fails to cooperate in transferring or dividing these assets is in breach.
Courts may:
- Compel execution of deeds or transfer documents
- Enter substitute orders in place of an uncooperative party’s signature
- Award monetary compensation for lost or delayed assets
- Order QDROs (Qualified Domestic Relations Orders) to divide retirement accounts
A Tampa divorce attorney handling retirement account divisions must comply with federal ERISA requirements and ensure that all plan administrators receive properly executed QDROs.
Security for Support Obligations: Life Insurance and Trusts
Many divorce agreements require the obligor to secure alimony or child support with life insurance. Failure to obtain or maintain the required policy can result in:
- A court order requiring compliance
- Imposition of a constructive trust on the proceeds
- Reimbursement of benefits paid to unauthorized beneficiaries
- Contempt sanctions
A Tampa divorce attorney should periodically verify compliance with insurance or trust provisions, particularly when the recipient depends on those protections for long-term financial security.
Collecting Attorney’s Fees in Enforcement Actions
Florida courts may award attorney’s fees to the prevailing party in enforcement and contempt proceedings. The purpose is to:
- Penalize noncompliance with court orders
- Level the playing field for litigants with limited resources
- Discourage frivolous defenses or obstruction
Fees may be awarded under:
- Florida Statutes § 61.16 (need and ability to pay standard)
- Florida Statutes § 57.105 (for baseless legal positions)
- The terms of the marital settlement agreement itself
A Tampa divorce attorney pursuing enforcement should include a claim for fees in the motion and submit a detailed affidavit of time and costs incurred.
Alternative Remedies: Mediation and Settlement
Not all breaches require aggressive litigation. In some cases, the parties may be able to resolve their dispute through:
- Post-judgment mediation
- Informal negotiation
- Settlement agreements filed with the court
These alternatives can preserve co-parenting relationships, reduce legal fees, and provide quicker relief. A Tampa divorce attorney will assess whether mediation is appropriate or whether the breach requires court intervention.
Defending Against Allegations of Breach
The accused party may defend against enforcement by showing:
- Lack of clear court order (ambiguity or omission)
- Inability to comply due to circumstances beyond their control
- Agreement to a modification or delay (verbal or written)
- Waiver by the other party
- Lack of proper notice
In contempt proceedings, a key defense is the inability to pay or perform. However, courts require credible evidence and will scrutinize claims of hardship.
A Tampa divorce attorney defending against breach allegations must present a compelling case for why noncompliance was unintentional, temporary, or legally justified.
Modification vs. Enforcement: Knowing the Difference
Sometimes, a party is accused of breach when the true issue is a change in circumstances. For example:
- A job loss prevents alimony payments
- A child’s schedule requires parenting time adjustments
- A medical condition delays a property transfer
In such cases, the proper remedy may be to seek modification rather than risk contempt. A Tampa divorce attorney can file a supplemental petition to modify the judgment, but until the court grants relief, the original order remains enforceable.
Filing and Litigating an Enforcement Action
To enforce a divorce agreement, the moving party typically files:
- Motion for Contempt and Enforcement
Requests judicial intervention to compel compliance and sanction noncompliance. - Notice of Hearing
Schedules the motion for a court hearing with appropriate notice to the other party. - Affidavit of Noncompliance
Details the specific breaches and evidence of violation. - Request for Relief
Specifies the action requested: payment, property transfer, compensatory time, sanctions, or modification.
The burden is on the movant to prove the violation by clear and convincing evidence. A Tampa divorce attorney will organize documentary evidence, witness testimony, and legal arguments to persuade the court.
Enforcing Out-of-State Divorce Agreements in Florida
When a divorce decree from another state is violated, Florida courts can enforce the order through a process called “domestication.” This involves:
- Filing an authenticated copy of the out-of-state judgment
- Serving the opposing party
- Requesting enforcement under the Full Faith and Credit Clause
Once domesticated, the foreign order is treated as a Florida order and may be enforced through contempt or other remedies. A Tampa divorce attorney can manage the domestication and enforcement process to ensure compliance with interstate orders.
Time Limits and Statute of Limitations
Florida law imposes deadlines for enforcing certain provisions:
- Child support arrears may be collected at any time, with no statute of limitations.
- Alimony enforcement is subject to a 20-year statute of limitations under contract law.
- Property division claims may be limited to 5 years if not incorporated into the judgment.
A Tampa divorce attorney should act promptly to avoid waiver of enforcement rights and preserve claims before statutory deadlines expire.
Strategic Considerations in Enforcement Litigation
When deciding whether to pursue enforcement, key considerations include:
- Strength of evidence supporting the breach
- The breaching party’s ability to comply
- Likelihood of court-imposed sanctions
- Cost and duration of litigation
- Risk of retaliation or countersuits
- Emotional impact on children or co-parenting
A Tampa divorce attorney will conduct a cost-benefit analysis with the client to determine whether aggressive enforcement or negotiated resolution is the better path forward.
Long-Term Monitoring and Prevention of Breach
To prevent post-judgment issues, divorce agreements should be drafted with clarity, specificity, and built-in safeguards. Effective provisions include:
- Deadlines with specific dates
- Step-by-step instructions for asset transfers
- Required proof of compliance (e.g., insurance certificates, receipts)
- Consequences for breach
- Dispute resolution clauses
A Tampa divorce attorney who anticipates enforcement issues during drafting can create agreements that reduce ambiguity and deter future litigation.
FAQ: Legal Remedies for Breach of Divorce Agreements
What should I do if my ex is violating our divorce agreement?
Contact a Tampa divorce attorney to evaluate the breach and file a motion for enforcement or contempt with the court.
Can I go to jail for violating a divorce order?
Yes, courts may order incarceration for willful contempt of a support or property order, particularly if the noncompliance is egregious.
Can I stop paying alimony or child support if I lose my job?
No. You must file a petition to modify the order. Until the court grants relief, you remain obligated to pay under the current terms.
Can the court force my ex to transfer a house or refinance a loan?
Yes. Courts can compel property transfers and impose penalties for failure to refinance as agreed.
What if my ex keeps denying me visitation?
You can file a motion for enforcement and request make-up time, sanctions, or modification of the parenting plan.
Can the court award attorney’s fees if I have to enforce the divorce order?
Yes. Courts may require the breaching party to pay your legal fees and court costs.
How long do I have to enforce a divorce agreement in Florida?
There’s no time limit for child support enforcement. Alimony and property claims may be subject to limitations depending on how they were structured.
Do I have to go to court to enforce the agreement?
In most cases, yes. However, mediation or settlement may resolve the issue without a hearing if both parties cooperate.
Can I collect unpaid child support from my ex’s tax refund?
Yes. The Florida Department of Revenue can intercept tax refunds, suspend licenses, and use other tools to collect child support.
Is it worth hiring a Tampa divorce attorney to enforce my divorce agreement?
Yes. Enforcement can be complex, and skilled legal representation improves the likelihood of success and minimizes costly mistakes.
Conclusion
When one party breaches a divorce agreement, the consequences can be deeply disruptive. Florida law provides a robust set of remedies to enforce compliance, protect the aggrieved party, and uphold the court’s authority. Whether through contempt, specific performance, or contract litigation, the legal system is equipped to respond to post-divorce violations.
A Tampa divorce attorney plays a crucial role in identifying breaches, advising on remedies, preparing enforcement motions, and litigating to restore fairness and accountability. With the right legal strategy, individuals can hold noncompliant parties accountable and ensure that divorce agreements are honored in both letter and spirit.
The McKinney Law Group: Tampa Divorce Lawyers Focused on Your Fresh Start
You’ve made the decision to move forward—now let us help you do it the right way. At The McKinney Law Group, we support Tampa clients through divorce with practical guidance, compassionate service, and a commitment to your fresh start.
We assist with:
✔ Filing for divorce and understanding your rights
✔ Crafting agreements that reflect your priorities
✔ Protecting your assets, your family, and your peace of mind
✔ Resolving disputes fairly through negotiation or trial
✔ Helping you step confidently into the next chapter
Call 813-428-3400 or email [email protected] to schedule your consultation.