What Should I Do If My Ex/Spouse Breaches Our Separation Agreement?

The first thing I would advise you to do is contact your ex/spouse and ascertain whether there is a reasonable explanation for why he/she did not comply with the terms of the agreement and whether he/she plans to take immediate action to do what he/she agreed to do.   There is no point in taking any action if your ex/spouse’s failure to comply with your separation agreement is an oversight that he/she is willing and able to correct.

If your ex/spouse does not provide a satisfactory response to your inquiries regarding his/her failure to comply with the terms of the agreement, then take a look at your separation agreement and review what it says regarding what steps you need to take in the event of a breach.  It may include a provision which requires you to provide your ex/spouse with written notice of his/her breach and to give him/her a certain amount of time to cure the breach prior to taking legal action.   It is also not unusual for separation agreements to include provisions which require the parties to seek a resolution through mediation or arbitration.

Once you comply with the terms of your separation agreement regarding how a breach should be handled or if you have any questions regarding what your agreement requires you to do, you should contact an attorney.  He/she can assist you in responding to the breach including when appropriate filing a breach of contract action against your ex/spouse.  At the conclusion of the court hearing, if a judge determines your ex/spouse has in fact breached the agreement, the judge can order him/her to do what he/she agreed to do.

 

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Posted in Separation Agreement.

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