Posted by Nydia Streets of Streets Law in Florida Divorce

The clear and unambiguous terms of a Florida marital settlement agreement are enforceable as a matter of law. This was reinforced in the recent appellate case Pack v. Wiechert, 1D18-3039 (Fla. 1st DCA December 10, 2019) in which the former wife appealed an order that conflicted with the terms of her marital settlement agreement.

The parties’ agreement contemplated that they would lease the marital home for a period not to exceed 12 months, after which they would sell the property. The house was put up for sale but it did not sell within the 12 months. The parties therefore continued to lease the property for another 4 years, until the former wife refused to sign a rental listing agreement so that the property could be leased again. The former husband filed a motion to compel the former wife to sign the agreement, arguing the home needed to be leased because he could not afford the expenses associated with the home without rental income and he was trying to avoid foreclosure. The former wife filed a motion to dismiss, arguing the parties’ agreement was clear and unambiguous and that further leasing the property would jeopardize the ability to sell it. After a hearing, the trial court denied the former wife’s motion to dismiss, ordered the former wife to sign the agreement by a certain date, and indicated if she did not, the court would sign in her place.

The former wife appealed and the appellate court agreed with her. The appellate court held the language of the parties’ agreement was clear and unambiguous, and therefore it was improper for the trial court to essentially modify the terms of the equitable distribution. The court held “Property rights established by a marital settlement agreement incorporated into a final judgment of dissolution are fixed as a matter of law unless jurisdiction has been reserved to modify those terms of the MSA.” No such jurisdiction was reserved in the parties’ agreement.

If you are contemplating filing an action for enforcement of your Florida marital settlement agreement, make sure you understand what remedies are available to you. Scheduling a consultation with a Miami family law attorney may be the first best step in this understanding.