Breached Settlement

Breached settlement agreements are more common than you might think in Orlando and throughout Florida. In general, these agreements or "contracts" address such issues as time sharing of the children, visitation, child support, alimony or spousal support, property, asset, and debt division, and more. Unfortunately, when one ex-spouse breaches a marital settlement agreement, it often results in the other suffering financially. If the breach involves child support or visitation, it can also hurt the children. At Adams, Luka, & Benton, our Orlando divorce lawyers are experienced and skilled in matters involving settlement agreements. We provide compassionate legal guidance and support, always striving to secure positive results.

There are common issues that often arise after both spouses have properly formed a marital settlement agreement and all parties have signed off on it. Even when you have an Orlando divorce attorney write up the agreement and make sure everything is in order from a legal standpoint, one spouse or the other may breach the agreement. Some of the most common issues include:

• Refusing to pay child and/or spousal support/alimony
• Refusing or interfering with visitation.
• Refusing to pay a marital debt.
• Refusing to relinquish property or pay a portion of community property.

Pre-nuptial and post-nuptial agreements are common marital settlement agreements entered into by two parties, either prior to a marriage or after the couple is married. These agreements are formed in order for spouses to protect their property/assets in the event of a divorce or death and set forth the guidelines regarding debt, spousal support, and other issues, and in some cases take the worry and stress out of a marriage, as both parties are aware of the terms of the agreement.

Ultimately, breached settlement agreements can result in a negative impact to the ex-spouse's credit score in the event the ex-spouse who breaches the agreement refuses to pay a debt which is in both parties' names. A breached settlement agreement can result in substantial damage not only financially, but emotionally as well.

What should you do when your ex-spouse breaches a marital settlement agreement? The first step you should take is to contact a reputable attorney. When a spouse fails to adhere to the terms of a legal agreement, he or she may be held in contempt of court, or even put in jail in some cases. It may take more legal wrangling to straighten the situation out, however we will work diligently to come to a satisfactory resolution of the situation as quickly as possible. We invite residents of Central Florida to contact us today at 407-872-0303 or 352-357-4084 for outstanding legal guidance and representation.