Q: I got a legal separation dated Aug 2020. In the separation judgement I was to get half of everything.

A: Your judgment should say how the assets will be divided. I don't mean "you get half". I mean, HOW you get half. i.e. whether an equalization payment is owed to you, or whether a physical item of personal property is supposed to be given to you, whether you need a QDRO to divide up retirement accounts, whether a rollover is needed, etc. If you don't understand or know the logistics of how you are to get "half of everything", then you should consult with an attorney.

A: Please contact the family attorney to go over the specifics of your judgment. If prepared by the attorney, the judgment should specify how the assets and debts are to be divided. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or legal circumstances. This information does not establish an attorney-client relationship. Transmission of the information is not intended to create, and receipt does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon any information on this website without seeking professional counsel. JASINSKA LAW FIRM PC expressly disclaims all liability concerning actions taken or not taken based on any or all of the contents.

A: To collect what you were granted in the legal separation judgment, you should take specific legal steps to enforce the court's order. Start by reviewing your separation judgment carefully to confirm the details of the division of assets and liabilities, including your entitlement to half of everything. If your ex-spouse has failed to comply with the court's order, you may need to file a motion for enforcement with the court that issued the separation judgment.

When filing a motion for enforcement, you'll need to provide evidence to support your claim that your ex-spouse has not fulfilled their obligations under the separation judgment. This evidence may include documentation of the assets and their values, financial records, and any communications or agreements between you and your ex-spouse regarding the division of property. Once you file the motion, the court will schedule a hearing where both parties can present their arguments and evidence.

During the enforcement hearing, the court will evaluate the evidence presented by both parties and make a decision regarding enforcement of the separation judgment. If the court finds that your ex-spouse has failed to comply with the court's order, they may issue orders to compel compliance, such as requiring your ex-spouse to transfer assets to you or pay you a monetary amount equal to your entitlement. It's essential to consult with a qualified attorney who can guide you through the enforcement process and advocate on your behalf in court.