At the exit interview without clients, we counsel them not to deviate from the divorce order without consulting us. We advise that deviations from the order without changing the order can bring trouble.
This happened to the wife in Pogue v. Pogue, No. 2012–CA–01339–COA (11/26/13). There, the parties divorced, and the husband got the home and agreed to refinance within 6 months and pay the wife $50,000. If he failed to refinance, the wife was to get title to the home.
The husband moved out and was unable to refinance. He offered the home to the wife but she refused. Instead, she allowed the husband additional time to pay her the $50,000. Later, the parties went to court over the issue and the Judge held that the wife had made an unauthorized change to the agreement and she could not, therefore, hold the husband in contempt. The Chancellor ordered the house deeded to the wife.