Divorce - Subject-Matter Jurisdiction to Enforce Settlement Agreement


Hoye v. Hoye, [Ms. 2190834, Oct. 23, 2020], ___ So. 3d ___ (Ala. Civ. App. 2020). The court (Moore, J.; Thompson, P.J., and Donaldson, Edwards, and Hanson, JJ., concur) issues a writ of mandamus vacating an order of the Madison Circuit Court. The circuit court held it did not have subject-matter jurisdiction to enforce an agreement in a post-judgment proceeding because it modified a prior property division judgment. Ms. **6-7. The court rejects this conclusion and holds “a trial court retains subject-matter jurisdiction to enforce an agreement between former spouses regarding the division or disposition of property awarded in a divorce judgment even if that agreement could be considered a modification of the award made by the court.” Ms. *15.

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