Enforcing Property Division Orders After a Kentucky Divorce
Finalizing your divorce may bring a sense of closure, but it doesn’t always mean the stress is behind you. For many people, dividing property after the judgment can turn into a new and frustrating battle, especially when an ex refuses to follow through.
In Kentucky, divorce orders include detailed instructions for dividing marital assets, such as bank accounts, the family home, vehicle titles, and retirement funds. These aren’t suggestions, they’re court orders. And when one party refuses to comply, it’s not just unfair. It’s a legal violation.
If you’re in this situation, you’re not alone, and you’re not without options. Here’s what you need to know about enforcing property division orders and protecting what’s legally yours.
What Property Division Means in Kentucky
Kentucky follows an equitable distribution model. That means marital property is divided fairly, though not always equally. Anything acquired during the marriage, such as income, real estate, or retirement accounts, is typically subject to division. Separate property, such as inheritances or items owned before the marriage, usually stays with the original owner.
Once the divorce is finalized, the court order becomes legally binding. Ignoring it is more than frustrating. It’s a violation of the law.
Common Property Division Issues After Divorce
Some ex-spouses follow the court’s order without issue. Others delay, withhold, or refuse to comply outright. Common problems include:
- Not signing over vehicle titles or deeds
- Refusing to sell or refinance a house
- Hiding or draining accounts
- Withholding personal property awarded in the decree
- Delaying the division of retirement accounts
These situations can be both financially harmful and emotionally exhausting. The good news is that the law provides a way to respond.
Legal Tools to Enforce the Court’s Order
If your ex isn’t cooperating, your attorney can file a motion for enforcement. This brings the issue back before the judge and requests that the court require compliance. Depending on the situation, the court may:
- Order the transfer of property directly
- Set deadlines for action
- Award attorney’s fees
- Hold your ex in contempt of court, which may result in fines or even jail time
If your ex has sold off or destroyed marital property, the court may award you a financial judgment equal to your share.
Enforcing Retirement Account Division (QDROs)
Dividing retirement plans takes an extra-legal step. A Qualified Domestic Relations Order, or QDRO, instructs the plan administrator on how to distribute the account in accordance with the divorce agreement.
If a QDRO hasn’t been properly submitted, or if your ex refuses to cooperate, enforcement might involve preparing and filing the QDRO and asking the court to take further action.
When Timing Matters
Enforcement is easier the sooner you act. Over time, documents disappear, assets move, and memories fade. If your ex-spouse is refusing to comply, don’t wait to get help.
Delays can make recovery more challenging and limit your options. Even if you’re unsure whether it’s “worth it,” talking to a lawyer can help clarify your next steps.
What If the Property Was Never Divided Correctly?
Sometimes, mistakes or oversights during the divorce process leave certain assets improperly addressed, or not addressed at all. If this happens, you may still be able to reopen the case or file a separate action to claim your share.
Kentucky courts typically retain jurisdiction to resolve issues related to marital property that wasn’t properly divided. This includes assets discovered after the divorce, like hidden accounts or business interests.
Don’t assume it’s too late to act. If something feels off, it’s worth having an attorney review your decree and financial records to ensure accuracy.
Get Legal Help To Protect What’s Yours
Divorce may end the relationship, but it doesn’t end your right to receive what the court awarded you. If your ex is ignoring the property division order, you have legal tools to enforce it.
At Hoffman Walker & Knauf, we help Kentucky clients hold non-compliant ex-spouses accountable. Whether you need to recover assets, enforce retirement division, or bring a contempt action, we’re ready to help.
Reach out today to schedule a consultation. We’re here to protect your interests and help you move forward with confidence.
