After you get through a challenging divorce, the last thing you want to do is go back to court to hold your former spouse to the divorce’s terms. Unfortunately, you may need to act sooner rather than later to ensure you stay on the right side of the statute of limitations on divorce settlement enforcement.

The family lawyers of The Larson Law Office can guide you through enforcing your divorce rights. Your former spouse agreed to follow the terms by signing the settlement, and a judge made the agreement legally enforceable by signing off on it. Our lawyers offer direct, knowledgeable case evaluation, work with you to design a case strategy, and then relentlessly pursue it. Contact us soon to ensure you meet all critical deadlines.

What Is a Divorce Settlement?

In short, a divorce settlement lays out the terms of divorce, typically addressing:

Property division,
Child custody,
Child support, and
Spousal support.

Once a court approves it, the settlement has the force of law—i.e., it is a legally enforceable contract.

What Is a Statute of Limitations?

Statutes of limitations set time limits on when you can sue for a particular legal issue. After the statute of limitations runs—the law’s allotted time passes—you typically lose the right to bring your case.

What Is the Statute of Limitations on a Divorce Settlement in Texas?

The statute of limitations on a divorce settlement in Texas varies by what aspect of the settlement you want to enforce. Some limitations periods may start only after a natural end to the order, like child custody when the child turns 18 or graduates from high school. Others begin when the divorce becomes final, meaning no pending court proceedings like an appeal or a motion for a new trial.

Child Custody

You can request modifications to your child custody order at any time if you can show that the change is justified. You can also request enforcement if the other parent denies you access to or time with the child within six months of the order ending.

Property Division

Texas courts typically cannot change how property is divided after the divorce is final. However, they can enforce your rights related to the property you or your spouse own if you file within two years of the divorce becoming final. For unvested property, like retirement benefits, a court can enforce property division within two years of the property becoming vested.

Child Support

The statute of limitations on enforcing child support is up to 10 years after the child turns 18. You can also collect overdue payments—arrearages—and request the parent’s employer withhold money to meet their obligations.

Spousal Maintenance

You may enforce a spousal maintenance order for as long as the order lasts, usually a maximum of 10 years. Maintenance obligations terminate if:

Either spouse dies,
The recipient spouse remarries, or
The recipient spouse moves in with a new romantic partner.

You can ask a court to enforce the order, and if the spouse can afford to pay, the court may order income withholding.

How Do You Enforce Your Divorce Settlement Before Texas’ Statute of Limitations on Divorce Settlements Runs?

You can request a court to compel your former spouse to follow your divorce agreement if you file within the relevant statute of limitations on the divorce settlement. Some of these options apply to property division alone, but you can file a motion to enforce or a motion for contempt for any of the orders.

Motion to Enforce

To stay on the right side of the statute of limitations on divorce settlements, you can file a motion to enforce the order. For a property division order, you can file 30 days after your divorce becomes final.

Motion for Delivery

If your former spouse does not follow a motion to enforce property division, you can file a motion for delivery of property. If your former spouse still does not deliver the property, you can request the court award damages equal to the value of the property and the monetary value of the harm done.

Motion for Contempt

You can ask the court to hold your former spouse in contempt of court for violating almost any court order. Since your divorce settlement has the force of law, refusing to comply means your former spouse is breaking the law. The court can punish them through contempt of court, including a fine, jail time, or both.

Are There Exceptions to the Statute of Limitations on Divorce Settlements?

Statutes of limitations are usually strictly enforced. However, you have the right to request court action upon discovering that your former spouse committed fraud or concealed assets, causing you not to receive your fair share of marital property. The court cannot undo its previous order, but it can order your former spouse to pay you your fair share plus a penalty.

Enforcing Your Divorce Settlement

Some people, including some former spouses, hope to escape obligations by relying on you not to enforce your rights. If your former spouse is dragging their feet or otherwise refusing to cooperate with your divorce decree, the lawyers at The Larson Law Office can help.

Resources:

Texas Family Code § 8.056 (termination of spousal maintenance), link.

Texas Family Code § 8.057 (modifying spousal maintenance order), link.

Texas Family Code § 8.059 (enforcing spousal maintenance order and defenses to enforcement), link.

Texas Family Code § 8.151 (time limits on withholding for spousal maintenance), link.

Texas Family Code § 9.003 (enforcement filing deadlines), link.

Texas Family Code § 9.006 (enforcing property division), link.

Texas Family Code § 9.009 (delivery of property request), link.

Texas Family Code § 9.010 (damages in lieu of property delivery), link.

Texas Family Code § 157.001 (motion to enforce child support), link.

Texas Family Code § 157.004 (time limits on child custody enforcement), link.

Texas Family Code § 157.005 (time limits on child support enforcement), link

Understanding Time Limits on Enforcing Divorce Settlements in Texas