Posted by Nydia Streets of Streets Law in Florida Divorce
How long does a party have to enforce a Florida divorce agreement or judgment? There is a time limit, called a statute of limitations. According to the Florida Statutes, “[a]n action on a judgment or decree of a court of record in this state” must be commenced “[w]ithin twenty years.” 1 § 95.11(1), Fla. Stat. (2020). Waiting too long to take action may result in a party not being able to obtain the relief he or she received from the court. This was an issue in the case Rai v. Rai, 5D21-751 (Fla. 5th DCA February 11, 2022).
According to the parties’ final judgment of divorce, the former wife was required to sell the marital home once the parties’ youngest child turned 18, whereupon the parties would split the proceeds. The judgment was entered in 1999 and the youngest child turned 18 in 2006. In 2020, the former husband filed a motion to enforce the final judgment and to compel the sale of the home. The former wife countered with a motion to dismiss, alleging the 20-year statute of limitations barred the former husband’s motion. The former wife argued that per the statutes, the 20-year clock began when the final judgment was entered in 1999. The former husband argued it began when the parties’ youngest child turned 18 in 2006. The trial court agreed with the former wife and the former husband appealed.
The appellate court agreed with the former wife and the trial court, holding the 20-year clock begins on the date the final judgment is entered, per the plain terms of the statute. The court noted “If the former husband had brought a successful action on the judgment within twenty years of its entry, he would have obtained a new judgment enforceable for another twenty years.” Therefore, the dismissal of the former husband’s motion to enforce was upheld.
Schedule a consultation with a Miami divorce lawyer to understand how the law may apply to the facts of your case.