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If a divorce court orders one spouse to pay the other, and it's appealed, does it have to be paid before the appeal?

Louisville, KY |

For example, if the divorce decree says one spouse will pay the other 50% of the value of an apartment building, and will then own the whole apartment building, and that gets appealed, do the two spouses continue to each own 50% of the apartment building during the appeal, and the money not be paid yet?

Or if the decree says one spouse will pay the other $100,000 of a disputed bank account, which one spouse claimed was non-marital, and the other marital, does the $100,000 remain in the bank account during the appeal?

And what about attorney fees for the appeal? Is it likely that one spouse might be ordered to pay the other's attorney fees for the appeal? Even if not for the original divorce case? If so, when would that payment be due?

Attorney Answers 4

Posted

You should consult a Kentucky matrimonial attorney, but generally, an appeal will not automatically stay an order or judgment, which means that a party ordered to do something (like pay $) is still obligated to do so, by whatever deadline is in the order or judgment. With the kind of marital property you're talking about, I hope you had a lawyer.

You should also make sure that the 100K bank account is not cleaned out by the payor pending appeal. Talk to your lawyer about that, too.

I am not your attorney and any posts/messages or responses to posts/messages can not and do not establish an attorney-client relationship. You should not rely upon free legal advice, and I disclaim any liability for the outcome if you do. Any opinions offered on matters outside New York State are for general informational purposes only.

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

Mr. Horner has provided some general information. Your best option though, which consult with an attorney, licensed in your , to discuss the facts and specifics of your case. A local attorney, presented with the full facts may be able to provide you legal advice; the best you'll get in this forum is general responses.

Posted

With respect to the apartment building, the ownership of the property could stay the same during the appeal, OR if the disputed issue is the amount to be paid for the 50% interest, the transfer of ownership could take place for a different agreed amount and the difference held in escrow by either attorney until the appeal is decided.
With respect to money in a bank account, it would likely remain in the account until the appeal is decided, BUT the losing party in the appeal could be required to pay interest to the other on the $100,000 at a rate up to 12%.
With respect to attorney fees, the appellate court is not likely to address the issue. The better procedure would be to petition the trial court before or after the appeal to assess attorney fees against the other spouse.

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

Mr. Hibberd has provided some general information. Your best option though, which consult with an attorney, licensed in your , to discuss the facts and specifics of your case. A local attorney, presented with the full facts may be able to provide you legal advice; the best you'll get in this forum is general responses.

Posted

At least in Maryland, noting an appeal does not stay the effect of a judgment. The most common procedure to avoid having to pay a money judgment is to obtain an appeal bond. Each state has their own procedures for obtaining an appeal bond. Concerning non-monetary issues, you may want an aggressive appellate attorney to seek injunctive relief pending appeal, if such relief is available. In sum, seek out an attorney experienced in handling appeals, and discuss an appeal bond and injunctive relief.

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

Mr. Ostendorf has provided some general information. Your best option though, which consult with an attorney, licensed in your , to discuss the facts and specifics of your case. A local attorney, presented with the full facts may be able to provide you legal advice; the best you'll get in this forum is general responses.

Posted

Consult with a local licensed attorney that is familiar with your jurisdiction's rules and procedures.

This is not legal advice. This response is provided for general information only, as a public service. It is not to be relied upon as legal advice and does not create an attorney/client relationship; nor is it an attempt to create an attorney/client relationship. Consult with local counsel in your jurisdiction about the specifics of your case, which is the only way to gain true meaningful legal guidance and/or representation.

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