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Can I enforce a Separation Agreement when the Court has not entered it as a Final Judgment yet?

Family Law 7 views 3 answers
My Husband and I entered into a Separation Agreement 3 years ago in another state. I am to get 50% of his military retirement, when he retired. My Husband just retired 2 months ago and did not tell me and did not give me my share of the retirement. I am filing for the divorce and want the court to accept the Agreement as the Final Judgment, which my Husband agrees to, but he won't give me the past due retirement. Can I still go after him for the past due retirement? I have spoken with 2 different lawyers who have given me 2 different answers.

Attorney Answers

3
A Mullaney ·
Whether you would get any of the past due retirement money, depends on the specific language in your separation agreement. Either way, it would not be enforceable by the judge until it has been entered as a court order - even though it is currently a valid contract.
0 upvotes
Leslie S Brady-AltenFamily Law AttorneyPort Saint Lucie, FL ·
I believe the separation agreement would be considered a postnuptial agreement, provided there wa sufficient financial disclosure. If so, it can be filed in a dissolution action in Florida, and then enforced after the Judge enters a valid order. Please speak to a Florida attorney. This is not an uncomplicated area of the law.
0 upvotes
Nancy Davito ·
This determination can only be made by an attorney who has had an opportunity to review the separation agreement and also knows the state laws of both your former and your current residence. has a great find a lawyer tool. Get an in person consultation and take the agreement with you for review. Good luck.
0 upvotes

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