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Georgia Case Law Update – Froelich v. Froelich

Quite often, exes may not be 100% happy with their final divorce decree. This is the nature of divorce – parties have to compromise and it is very unlikely that both parties will get everything they want at the end of their divorce. Some people deal with it by complaining to friends and family and begrudgingly making alimony payments each month. Others become very nitpicky over the exact language in the divorce decree or even refuse to comply at all, doing their best to make things difficult for their exes. One ex husband recently learned that the Supreme Court of Georgia would not let him get away with actions like this. Froelich v. Froelich, S15A0193, Supreme Court of Georgia (2015).

In that case, as part of the parties’ divorce decree, the Husband was ordered to “transfer or otherwise make available for use by [Wife]…one half of the Marriott points accumulated (currently 540,419), so long as they are accumulated.” Three years later, when the Husband had continuously failed to comply with this order, the Wife filed a motion for contempt, which the trial court granted. The contempt order required the Husband “to make an accounting of Wife’s portion of he accumulated Marriott points; to transfer those points to Wife within 20 days; and to provide her with an ‘annual accounting of all points accumulated by the 15th of January of each year and then …ensure that said points are transferred to [Wife] by the 15th of February of each year.’” The Husband appealed, alleging that that the divorce decree allows him to “otherwise make available” Wife’s portion of the Marriott points, and he told her he would make them available if she provided him with her travel plans and let him book her hotel reservations. The Supreme Court if Georgia disagreed with the Husband on this count, holding that “the divorce decree does not give Husband the right to make the Marriott points available to Wife only with conditions Husband chooses to add regarding her use of the points that were awarded to her.” As such, the Husband’s attempt to control Wife’s use of an asset that was clearly awarded to her in the divorce decree was shot down.

The Husband also asserts on appeal that the trial court impermissibly modified the terms of the divorce decree by ordering him to make an accounting of the points and transfer them within 20 days. Again, the Supreme Court of Georgia disagreed with him, holding that the additional terms “were reasonable and necessary to implement the terms of the original decree,” in light of the Husband’s willful refusal to comply with the original decree.

This case teaches a great lesson about post-divorce actions. Though you may not be happy about any payments or property transfers required by your divorce decree, you still need to comply with its terms. Courts will not look kindly on willful noncompliance with a divorce decree. In addition to most likely being stuck paying what the original decree orders, you may also be stuck paying your ex’s attorney’s fees for forcing him/her to bring the contempt action.

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