What Happens When a Spouse Will Not Comply With a Texas Divorce Decree?

 Posted on July 31, 2026 in Divorce

Divorce affects many American families each year. According to the U.S. Census Bureau, the national divorce rate for women was 7.1 per 1,000 women in 2022. Even after a divorce is final, disputes can continue when a former spouse refuses to follow the property or payment terms in the decree.

If a former spouse is not complying with a divorce decree in 2026, a Grapevine, TX high-asset divorce attorney can explain how enforcement works and the available legal options.

What Counts as a Violation of a Texas Divorce Decree?

A violation may occur when a former spouse fails to follow a clear and specific requirement in the final decree. In high-asset cases, this often involves a former spouse who is:

• Refusing to sign over a deed to the marital home

• Failing to cooperate with the transfer of retirement benefits through a Qualified Domestic Relations Order (QDRO)

• Refusing to transfer a business interest, stock options, or other property awarded to the other spouse

• Missing court-ordered spousal maintenance payments

Whatever form it takes, a violation can leave significant assets unresolved long after the divorce is final, which is why enforcement actions remain common in high-asset cases.

What Is the Process for Enforcing a Divorce Decree in Texas?

The process generally begins by filing a suit for enforcement in the court that granted the divorce. Under Texas Family Code Section 9.001, that court retains authority to enforce the property division, subject to any applicable filing deadline. 

The filing must state what the other party failed to do and what the court should order. It should also include supporting documents, such as the relevant part of the decree, account statements, or proof of the missed step.

After the suit is filed, the other spouse must be formally served. This service gives the other spouse time to file a written response before the case moves forward.

In complex property cases, the parties may exchange financial records through discovery.

If the matter is not resolved beforehand, the court holds a hearing. The spouse who filed the suit carries the burden of proving that the other party violated the decree. If a violation is proven, the court may issue a written order explaining how the spouse must comply, often with a deadline.

What Can a Texas Court Order When a Spouse Will Not Comply With a Divorce Decree?

Courts have several tools available once a violation is proven, and the right remedy depends on what the noncompliant spouse failed to do. If a decree provision is unclear, a court may issue a clarifying order explaining how the original property division must be carried out. However, the court cannot change the original division of property.

If a spouse did not receive money awarded in the decree, the court may enter a judgment for the unpaid amount. A court may also award damages when the delivery of specific property is no longer an adequate remedy. The judgment can generally be enforced like another civil judgment.

When the decree requires the delivery of specific property or awards a right to future property, a court may use contempt to compel compliance under Texas Family Code Section 9.012. Depending on the circumstances, contempt can result in fines or confinement. However, contempt generally cannot be used to enforce an ordinary lump-sum or installment debt, subject to limited statutory exceptions.

What Is the Deadline to Enforce a Property Division Order in Texas?

The filing deadline depends on the type of property and the remedy requested. Under Texas Family Code Section 9.003, a suit to enforce the division of tangible personal property that existed when the divorce decree was entered must generally be filed within two years after the decree was signed or became final following an appeal, whichever is later. Tangible personal property can include items such as vehicles, furniture, jewelry, and other physical belongings.

A suit involving future property that did not exist when the decree was entered must generally be filed within two years after the right to the property matures or accrues, or after the decree becomes final, whichever is later. Other assets and obligations may follow different deadlines, so former spouses should seek legal advice promptly rather than assuming every enforcement claim has the same two-year limit.

Schedule a Free Consultation With a Grapevine, TX Divorce Enforcement Attorney

If a former spouse is not complying with a divorce decree, Powell Law Offices, P.C. can assist in pursuing enforcement. Attorney Lauren Powell has been named a Top 10 Family Lawyer in Texas every year since 2019 and recognized as a Top 10 Family Law Attorney by Fort Worth Magazine. Her practice combines a client-focused approach with a firm presence in the courtroom. Call 972-584-9382 or contact a Fort Worth, TX property division lawyer to schedule a free consultation.