Posted by Nydia Streets of Streets Law in Florida Divorce

Does a Florida trial court have to expressly reserve jurisdiction in its order to enforce its order? Usually, Florida family law judgments contain a provision that states the court reserves jurisdiction to enforce its order. If this provision is missing from the order, a party might argue the court loses jurisdiction to enforce in the future. This was an issue in the case Wisheart v. Wisheart, 5D22-3024 (Fla. 5th DCA June 2, 2023).

The parties were before the court on a post-judgment contempt matter stemming from their final judgment of divorce. An order finding the former husband in contempt was appealed, and the appellate court reversed noting the former wife’s concession that the former husband did not act willfully and therefore was not in contempt. The former wife, however, disputed the trial court’s determination that it did not have jurisdiction to enforce the parties’ final judgment.

The appellate court agreed with the former wife holding “In dissolution cases, like other types of cases, ‘[i]t is axiomatic that a trial court always has the inherent jurisdiction to enforce its previously entered orders.’ Huml v. Collins, 739 So. 2d 633, 634 (Fla. 3d DCA 1999). This continuing jurisdiction exists regardless of whether the court reserves jurisdiction to enforce such orders. Erickson v. Erickson, 998 So. 2d 1182, 1183 (Fla. 1st DCA 2008); Seng v. Seng, 590 So. 2d 1120, 1121 (Fla. 5th DCA 1991). This continuing jurisdiction extends to enforcing marital settlement agreements incorporated into dissolution judgments. King v. King, 78 So. 3d 689, 690 (Fla. 2d DCA 2012).”

The court concluded “‘However, the extent of the court’s continuing jurisdiction to enforce the terms of the settlement agreement is circumscribed by the terms of that agreement.’ Orth v. Orth, 338 So. 3d 363, 371 (Fla. 3d DCA 2022) [citation omitted]. Consequently, where a party seeks to enforce specific provisions expressly included in the judgment or incorporated settlement agreement, that party may file a post-dissolution motion to enforce in the dissolution action. King, 78 So. 3d at 690. The party is not required to initiate a new action. Law v. Law, 299 So. 3d 505, 510 (Fla. 3d DCA 2020).”

Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.