Korwin Case No: 06-10697

Ex-wife sued and obtained a judgment of contempt against ex-husband when he did not pay her a portion of the settlement proceeds per the divorce decree. When reviewing a decree or agreement one must look beyond the labels of the settlement and look to the intent of the parties. In this case the property settlement regarding the proceeds from the sale of the marital home could not be exempted under 522(d)(2)(D)"alimony, support or separate maintenance."

Date of decisions: 12/10/07

Full opinion click here.