What if One Spouse Violates the Agreement?

If one spouse violates the separation agreement, the other spouse can seek to have it enforced. How the enforcement is done depends upon whether the agreement is simply a private contract between the couple or whether it became part of a court order.

If the agreement is a private contract, the spouse who violated the contract can be sued for breach of contract in civil court. The harmed spouse can ask for money damages and/or request that the contract be specifically enforced. If the agreement is part of a court order, the spouse who violated it can be brought before a judge who may decide to hold him or her in contempt – which could include payment of attorney fees and jail.