Ex Not Following Divorce Decree in Florida: What You Can Do

The Decree Is a Court Order, Not a Suggestion

A Florida Final Judgment of Dissolution of Marriage is an enforceable court order. When your ex-spouse refuses to refinance the mortgage, transfer a vehicle title, execute a quitclaim deed, or hand over retirement funds as ordered, they are in violation of that order. Florida provides several enforcement mechanisms — and you do not always need to go back to court to use them.

The right tool depends on what your ex is refusing to do and how explicit the decree language is.

Filing a Motion for Contempt

The primary enforcement weapon is a Motion for Civil Contempt/Enforcement under Florida Family Law Rule of Procedure 12.570, filed in the same court that entered the decree.

The motion must identify the specific provision of the decree your ex is violating, state the facts showing noncompliance, and request that the court hold your ex in civil contempt. Civil contempt is coercive — the goal is to force compliance, not to punish. The court can order your ex to perform the required act within a set timeframe, and impose sanctions (including incarceration) if they refuse.

You do not need an attorney to file a contempt motion, though the process involves drafting the motion, filing it with the clerk, serving it on your ex, and attending the hearing. Check with the clerk about any filing and service fees before filing.

At the hearing, you have the burden of showing that (1) a valid court order exists, (2) your ex had the ability to comply, and (3) they willfully failed to do so. Bring the certified decree, any communications showing your ex's refusal or silence, and documentation of your own compliance with the decree's terms.

Self-Executing Judgments Under Rule 1.570

Florida Rule of Civil Procedure 1.570 provides a powerful alternative when the decree orders a specific act — transferring real property, signing a title, executing a document — and your ex refuses.

Under subsection (d), if a judgment directs a party to execute a deed, release, or other document and they do not comply within the time specified, the judgment itself operates as the executed document. In practical terms: the certified decree can serve as the transfer instrument when recorded with the county clerk or presented to the tax collector's office.

This means you may be able to record a quitclaim deed transfer, process a vehicle title change, or execute other property transfers using the decree alone — without going back to court for a separate enforcement order. The effectiveness varies by county clerk and by how specifically the decree language describes the transfer, so bring the exact decree language with you.

Enforcing a Mortgage Refinance

One of the most common compliance failures is when the decree orders one spouse to refinance the marital home to remove the other's name from the mortgage, and they simply don't do it. This is particularly frustrating because you remain liable on the mortgage even though the decree says otherwise — the lender is not bound by the divorce decree.

If your ex won't refinance within the deadline set in the decree, file a contempt motion. The court can set a hard deadline with consequences: if the refinance is not completed within a specified number of days, the court may order the home sold. In some cases, the court appoints a special master to list and sell the property, bypassing your ex's cooperation entirely.

When Your Ex Won't Sign a Quitclaim Deed

If the decree awards you the marital home and your ex refuses to sign the quitclaim deed, you have the Rule 1.570(d) self-executing route. But you can also file a contempt motion asking the court to order them to sign within a specific timeframe. Courts can grant these motions when the decree language is clear.

The documentary stamp tax exemption under Florida Statutes § 201.02(7)(a) still applies to a court-ordered transfer, even if your ex did not voluntarily cooperate. Include the exemption language on the deed referencing the case number and judicial circuit.

Timeline Expectations

Florida courts vary by circuit in how quickly they schedule enforcement hearings. Check the clerk for current hearing availability. The contempt motion itself is a straightforward filing — the wait is for the court's calendar.

If you are facing an uncooperative ex-spouse on multiple fronts — property, vehicles, retirement accounts — ask the clerk or a lawyer whether multiple violations can be addressed in one motion under your local procedure.

The Florida After-Divorce Checklist covers enforcement remedies alongside the standard transition steps, so you have practical options whether your ex cooperates or does not.

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