Settlement agreement


#1

Hello,

I recently got a settlement agreement, but it looks as though I may have trouble getting my spouse to comply with one or more of the terms. Specifically reimbursing me for money spent to maintain the house and assisting with the cost associated with getting the marital house ready for sale.

Intitally we filed an equitable distribution claim but we reached a settlement agreement after the first meeting with the court clerk. Since I initiated it, I dropped the claim “without prejudice.” So my questions are:

Could I reopen the claim, but address only the issues mentioned above? Or would the judge want to do the whole equitable distribution claim?
Or should I just go to smalls claims court and sue my spouse?
In either case would my spouse be responsible for legal fees?

Thank you.
Margie


#2

All those questions can only be answered by the wording of the separation agreement. Whether it is in full settlement of your claims for equitable distribution, and whether the other party is liable to pay attorney’s fees should be contained in the agreement.