What Should I Do if My Ex-Spouse Will Not Pay the Divorce Settlement?

 Posted on November 28, 2025 in Divorce

The property settlement is often one of the most hotly contested aspects of a divorce case due to the financial stakes at play. Giving up a substantial portion of one's wealth is not easy for some divorcing spouses to accept. Although many people find a way to make peace with this part of ending their marriage, others go to great lengths to avoid complying with the Court's orders or fulfilling the negotiated agreement.

If you are dealing with an ex who refuses to comply with the terms of your divorce settlement, Illinois law has several options for enforcement. With guidance from an Arlington Heights, IL post-decree enforcement lawyer, you can take the proper steps to secure the money or property you are owed.

How Is a Divorce Settlement Legally Binding in Illinois?

Once your divorce is finalized, your settlement becomes part of the Court’s Judgment of Dissolution of Marriage. Under 750 ILCS 5/502, the Court incorporates your settlement into its final order, giving it the same legal weight as any other judgment. Your ex-spouse must complete every payment and property transfer as listed in the order. A divorce settlement may cover:

• Cash payments to make the property split fair

• Division of property and debts, like homes, loans, or credit cards

• Spousal support or maintenance payments

• Transfer of retirement accounts or pension money

• Deciding who keeps real estate or vehicles

• Child support orders

When the Judge signs the order, it becomes legally enforceable. Ignoring it can result in contempt charges and financial penalties.

Proving That Your Ex Is Not Following the Divorce Settlement

For the Court to take steps to enforce the agreement, you must show clear proof that your ex failed to comply. Bank statements, messages, or missing transfer records can demonstrate nonpayment. The more thorough your documentation, the more likely the Judge will act.

Illinois law also protects spouses from financial harm when the other side refuses to comply. Under 750 ILCS 5/508(b), a Judge can require your ex to pay your attorney’s fees if the Court finds that the noncompliance was "without cause or justification." This ensures that you are not forced to spend additional money to collect what already belongs to you.

What Is a Petition for Rule To Show Cause?

The most common enforcement tool is the Petition for Rule To Show Cause. This petition asks the Court to order your ex to appear and explain why they have not followed the divorce decree. You will present your evidence, and your ex must show that the failure to comply was not intentional.

If they cannot offer a valid reason, the Judge can find them in contempt. Contempt may be civil or criminal, depending on the behavior. Civil contempt focuses on forcing compliance, while criminal contempt punishes deliberate defiance. A person found in contempt could face fines, wage garnishment, or even jail time until they comply.

Can the Court Intervene With Your Ex’s Wages?

Illinois Courts can order wage garnishment to collect unpaid settlement or support payments. The Court sends a garnishment order directly to your ex’s employer, requiring them to deduct a portion of wages until the amount owed is paid in full.

Under 750 ILCS 28/20, income withholding can also be used for unpaid support or maintenance. Garnishment ensures steady payments and prevents excuses or delays, allowing the Court to collect unpaid money efficiently when an ex refuses to pay voluntarily.

When Can Illinois Suspend Your Ex-Spouse’s License for Not Paying?

When child support is part of the settlement, the Court can suspend your ex’s driver’s or professional license for nonpayment. Under 625 ILCS 5/7-703, a parent who becomes seriously delinquent on child support can lose these privileges until payments resume.

Although this law applies primarily to child support, Courts sometimes use similar enforcement measures for other unpaid obligations in a divorce judgment. The possibility of losing a license often motivates quick compliance.

What if Your Ex Claims They Cannot Afford To Pay?

The Court will look closely at whether your ex genuinely cannot pay or simply refuses to. Judges examine income, assets, job history, and spending habits. When the Court identifies real financial hardship, it may grant additional time or set up a payment plan. However, intentional behavior, such as hiding income, quitting a job, or transferring money to relatives, will not be excused. Ultimately, Illinois Judges expect both parties to make a good-faith effort to comply with all Court orders.

How Long Do You Have to Enforce a Divorce Settlement in Illinois?

Because a divorce settlement becomes part of a judgment, it does not expire like a regular contract. You can enforce it years after the divorce, though acting quickly is always best. Waiting too long can make it harder to gather financial records or locate property. Filing a petition soon after you notice the violation shows the Court that you are serious and protects your ability to collect what you are owed.

Things to Avoid Doing While Waiting for the Court to Act

You may be tempted to take matters into your own hands when your ex refuses to pay, but doing so can backfire. Avoid:

• Withholding parenting time or support payments

• Threatening or harassing your ex

• Posting negative comments online

• Ignoring your own responsibilities under the Court order

Any of these actions could backfire and create legal consequences for you. Documenting every missed payment and allowing your attorney to handle communication are smarter options.

Why Should You Hire a Lawyer To Enforce a Divorce Settlement?

Post-decree enforcement can become complex, especially when an ex hides money or moves assets. A lawyer can help you collect evidence, file petitions, and present a clear case showing how the violation affects you financially. They can also request remedies such as contempt findings, liens, or asset turnover.

An experienced attorney understands how to use Illinois statutes effectively and can uncover information your ex may try to conceal. With representation, you are more likely to receive the payment and property that the Court already awarded you.

Contact a Hoffman Estates, IL Divorce Decree Enforcement Lawyer

You should not have to chase your ex to get what is rightfully yours. If your former spouse refuses to pay the divorce settlement, an experienced Arlington Heights, IL post-decree enforcement lawyer at The Law Office of Nicholas W. Richardson, P.C. can help you take legal action to enforce the judgment under Illinois law.

Attorney Nicholas W. Richardson has extensive experience in post-decree matters and can guide you through every step of the process, from filing petitions to securing compliance through the Courts. Call 847.873.6741 today to schedule a free consultation.