How can I enforce a property division order if my ex-spouse is not complying?

To enforce a property division order in Georgia when your ex-spouse is not complying, you can file a petition for contempt in the trial court, that is the court that issued the final judgment and decree of divorce.  Your ex-spouse will need to be personally served with the contempt petition, as this is a new court filing, even though it is related to the divorce.  After a hearing, the court will determine whether your ex-spouse has met their obligation to divide the property as per the court's order.  If not, the court may impose sanctions, including incarceration until the property division is complied with and/or awarding attorney’s fees. 

Your only remedy is to take your ex-spouse back to court for a contempt action. If your ex-spouse is found in willful contempt (meaning they purposely refused to abide by the divorce decree), the court will order them to transfer the property and assets, and has the authority to incarcerate them and order them to pay the attorney’s fees you incurred for the contempt action.

 I would recommend you speak to an attorney who can guide you through the process.

If your Property Division Order is only the award of a fixed sum of money by a stated deadline date, then you may enforce the judgment as any other judgment, e.g. levy, attachment, garnishment, etc. You may also enforce by Motion for Contempt. If your Property Division Order requires one spouse to deliver personal property or to deliver a deed or certificate of title to the other, then the aggrieved spouse will probably be able to enforce by contempt, provided that all pre-conditions are satisfied.

I hope the foregoing answers your questions. Thank you for considering me for this project.