Legal Question in Family Law in Florida

I am recently divorced and in my Marital Settlement Agreement my ex-husband was awarded the marital home (which is on the market). I had to take other marital debt, which I have been paying. Since the start of the divorce the payments became deliquent on the home and in the MSA it states he must have the payments caught up by Feb 1. However it turns out he had deferred 3 months worth of payments. Which has ultimatley put us in a bind when trying to sell because the mortgage owed could be paid down more than it currently is. Also, when the home sells the profit is should be split. However I feel I have followed the MSA including give him a large chunk of my 401k and I dont feel its fair he hasn't paid for any marital debt this far. Is this something the court would enforce?


Asked on 4/05/10, 1:21 pm

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

If he is fully responsible for making the mortgage payments on the home, you should be able to deduct the payments he missed when you do the reconciliation after the closing and otherwise split the remaining proceeds.

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Answered on 4/11/10, 5:40 am


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