Marital Assets and Liabilities Part 15 of 15 | Divorce Attorney Fort Myers/Naples

Enforcement and Modification

  • Contempt power of the trial court cannot be used to settle disputes in rights to property. Contempt can be used to enforce alimony, support, or maintenance awards alone.
    • Contempt does not lie to enforce a property settlement arising out of dissolution of marriage. See Simpson v. Simpson, 68 So.3d 958, 961 (Fla. 4th DCA 2011)
    • Husband’s failure to pay wife’s car loan could not be remedied by a contempt order because husband’s agreement to pay wife’s car loan was part of the equitable division of property, and not part of the support award, and because the contempt power of the trial court could not be used to settle disputes in rights to property. Simpson v. Simpson, 68 So.3d 958, 961 (Fla. 4th DCA 2011)
    • Enforcement through contempt of debts not involving support violates Article I, section 11 of the Florida Constitution, which prohibits imprisonment for debt.
  • Failure to Execute Document. However, can be found in contempt for failing to execute documents as provided for in a property settlement agreement. Burke v. Burke, 336 So.2d 1237, 1238 (Fla. 4th DCA 1976).

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Serving the One

At the Guardian Law Firm, we believe in the sanctity of marriage. It is our goal to provide you with as many resources to help salvage your marriage. If all else fails, we are here to help you facilitate the divorce process to establish long-term stability that minimizes the need for subsequent court action as well as the emotional drain on the parties and families.

We strive to provide the best client service possible in a warm and welcoming environment. To that end, we place a high priority on detail, value, service, and communication, beginning with the initial consultation, and continuing even after the matter is resolved.

We are committed to providing the kind of service and environment that we all want as consumers.

With representation and the right attorneys in their corner, our clients will return to being the productive citizens and family members they have been and wanted to be again.

We truly are here to serve the one.

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