Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is contempt an available remedy for failure to pay an equitable distribution judgment in a Florida divorce? Generally, support awards (alimony, child support) can be enforced by contempt, but equitable distribution awards are excluded. This was an issue in the case Said v. Said, 2D2024-1449 (Fla. 2d DCA April 16, 2025).
The former wife filed a motion for contempt against the former husband for his failure to assume the mortgage on the marital home after the entry of the final judgment and his failure to pay an equalizing payment to the former wife. The trial court granted the motion, and the former husband appealed.
The appellate court affirmed the finding of contempt as to non-payment of the mortgage but reversed as to the equalizing payment. It held “The former husband correctly argues that the lump sum equalizing payment imposed as part of the equitable distribution is not enforceable by contempt. See Vinson v. Vinson, 296 So. 3d 960, 961–62 (Fla. 1st DCA 2020) (recognizing that contempt cannot be used to enforce a property settlement). Unlike spousal support, payments for equitable distribution are only enforceable ‘by the usual remedies available to a creditor against his debtor.’ Pipitone v. Pipitone, 23 So. 3d 131, 136 (Fla. 2d DCA 2009); see also Fla. R. Civ. P. 1.570(a) (‘Final process to enforce a judgment solely for the payment of money shall be by execution, writ of garnishment, or other appropriate process or proceedings.’).”
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