SplitReady Answers – How Do I Know if I Have Recourse?

If my spouse stops paying a payment that was stated on the divorce decree, do I have recourse? – Nancy from Las Vegas, NV

Recourse is taking action to demand payment from the maker or endorser. A marital settlement agreement is a contract that divides assets, debts, and property in a marriage and spells out the rights of each party. If one person doesn’t follow through with what they agreed to do in the contract, you do have recourse. However, you will likely need to engage an attorney and use the court system. Your attorney can file a post decree motion to compel your ex-spouse to meet their obligations.

From a credit perspective, you have a bigger problem.  When you took on the debt, it, like your marriage, was for better or worse.  It is still a liability for which you are responsible, and any non-payment will impact your credit score.  Additionally, in the case of a car or home, the end result can be repossession or foreclosure.

It is important to fully understand your marital settlement agreement before it is signed and becomes a legally binding contract. Sure, in some cases one party does not do what they agreed to do just to be difficult. However, sometimes they are in breach of contract because they can’t do what they agreed to do. What if your ex-spouse truly doesn’t have the funds to continue to make the truck payment? It is crucial to work out post-divorce budgets as part of your process to make sure that each person can afford what they agree to take on. The last thing you want to do is end up back in court, incur additional legal fees, and have your credit damaged.

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If you are considering divorce and have questions about how to get started with the process, reach out – we’re here to help, every step of the way.

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