Home » How To Enforce Court Orders & Protect Property After Divorce on Long Island, NY

Key Takeaways from This Article

• Long Island, NY divorce orders are enforceable with strong remedies. Learn what they are.

• Property is divided fairly, not always equally on Long Island, NY.

• Forensic tools can uncover hidden assets.

• Nassau & Suffolk county courts differ in pace and approach. Local knowledge matters.

• Enforcement is not automatic. Proactive legal action is essential to protect your rights.

Why Enforcement Matters After Divorce on Long Island, NY

Even the most carefully crafted divorce agreement is meaningless without enforcement. Unfortunately, many ex-spouses:

• Stop paying child support or maintenance
• Ignore custody or visitation schedules
• Refuse to sign deeds or transfer titles
• Delay or block QDRO retirement transfers

📌 Case Example – Suffolk County: A Huntington mother came to us after her ex stopped paying spousal maintenance for almost a year. Through a Suffolk County Family Court petition, we secured a judgment for arrears and wage garnishment, restoring her financial stability.

📌 Case Example – Nassau County: A father in Garden City was repeatedly denied parenting time. The Nassau County Family court not only enforced the order but warned the mother of the real possibility of contempt penalties if her interference continued. This demonstrated that child custody orders carry weight with courts on Long Island, NY.

Don’t let legal order violations go unchecked. Call Hornberger Verbitsky, P.C. today at 631-923-1910 for a free consultation and case evaluation.

Tools for Enforcing Court Orders on Long Island, New York

New York gives courts broad authority to enforce divorce decrees. The type of violation determines the remedy.

#1. Contempt of Court

• Civil contempt compels compliance (e.g., paying arrears, transferring property).
• Criminal contempt punishes defiance of the court.
• Penalties: fines, attorney’s fees, jail time.

Statute: NY Judiciary Law § 753 empowers courts to punish willful disobedience.

📌 Local Note: Nassau judges may issue fines more readily, while Suffolk often uses compliance orders before jail.

#2. Wage Garnishment

• Child support and spousal maintenance arrears can be deducted directly from wages.
• Employers must comply with income execution orders.
• Garnishment continues until the debt is satisfied.

#3. Asset Freezes & Turnover Orders

• Courts can freeze bank accounts or investment portfolios.
• Turnover orders compel the release of specific assets.

📌 Case Example: In a Suffolk case, a husband refused to transfer his 401(k) to his ex-wife. The Suffolk County Supreme Court judge ordered the plan administrator directly to release funds via QDRO.

#4. License Suspensions & Tax Refund Intercepts

• Child support violations can trigger driver’s license suspensions, even professional licenses (doctors, lawyers, contractors) can be suspended for failure to pay child support.
• Federal and state tax refunds may be intercepted.
• Passports can be denied if arrears exceed $2,500.

#5. QDRO Enforcement for Retirement Accounts

A Qualified Domestic Relations Order (QDRO) is required to divide retirement accounts. If your ex won’t sign or cooperate:

• The court can sign the QDRO directly.
• Plan administrators must follow it once filed.
• Delays can cost thousands if account values change.

Step-by-Step: Filing an Enforcement Petition in Nassau County or Suffolk County

When a former spouse refuses to comply with court orders in Nassau County or Suffolk County, the most effective way to take action is by filing an enforcement petition in Family Court or Supreme Court. While the process may seem intimidating, it follows a structured series of steps designed to protect your rights and compel compliance. Knowing what to expect in Nassau and Suffolk courts can make the difference between delays and decisive results.

• Identify the violation (support, custody, property).
• File a petition in Family Court or Supreme Court.
• Serve the ex-spouse with notice of hearing.
• Present evidence (payment records, texts, bank statements).
• The respective Nassau County or Suffolk County judge will decide the remedy: contempt, garnishment, turnover, etc.

Enforcement of court orders requires persistence and the right strategy. The attorneys at Hornberger Verbitsky, P.C. have the experience and know the local courts and processes inside and out. Contact us today for your free consultation.

Once you understand the process of filing for enforcement, the next step is knowing what property can actually be claimed. This which is why courts carefully separate marital property from separate property.

Property Division in Nassau County & Suffolk County, New York Divorces

Unlike community property states, New York uses equitable distribution under Domestic Relations Law § 236. The goal of equitable distribution is fairness, not 50/50 equality.

Factors Nassau and Suffolk Courts Consider When Determining Equitable Distribution

• Income and earning capacity of each spouse
• Contributions to marriage (including homemaking)
• Length of marriage
• Age and health of spouses
• Custody arrangements and child needs
• Wasteful spending or asset hiding

📌 Appellate Example: O’Brien v. O’Brien (66 N.Y.2d 576, 1985) established that professional degrees obtained during marriage may be considered marital property.

Marital vs. Separate Property

One of the most important questions in any divorce is what belongs to the marital estate and what does not. New York distinguishes between marital property, which must be divided, and separate property, which a spouse generally keeps. Understanding the difference, and how courts handle “commingled” assets, is essential to protecting your share.

• Marital Property: earnings, real estate, businesses, pensions, investments acquired during marriage.
• Separate Property: premarital assets, inheritances, personal injury awards.

📌 Case Example – Nassau County: While an inheritance is usually considered personal property, a $200k inheritance deposited in a joint account was deemed marital property because commingling converted it. For more information on how an inheritance can become marital property: When Does An Inheritance Become Marital Property?

Of course, knowing what is marital or separate is only part of the puzzle. The real challenge comes when assets must be assigned a fair and accurate value.

Valuation of Complex Assets

Not all property is easy to divide. While bank accounts and vehicles are relatively straightforward, assets like businesses, retirement plans, and even cryptocurrency require careful analysis. Nassau and Suffolk county courts rely on expert appraisals and financial professionals to ensure that these complex assets are valued fairly before distribution.

Businesses & Professional Practices

• Valued using income, market, or asset-based methods.
• Buyouts are common to let one spouse keep the business.

Retirement Accounts

• Require QDROs. Defined benefit plans (pensions) are especially complex.

Real Estate Investments

• Appraisals establish market value.
• Rental properties require income analysis.

Cryptocurrency & Digital Assets

• Forensic subpoenas trace transactions.
• Courts increasingly treat cryptocurrency as marital property.

📌 Practice Tip: Always request a Statement of Net Worth and compare lifestyle spending to reported income.

Don’t let your asset complexity cost you. Our team of experienced divorce lawyers and family law attorneys works with top CPAs and forensic experts to protect your marital assets. Contact us at 631-923-1910 for a free consultation and case evaluation.

When disputes over value drag on, they often spill into enforcement battles, especially if one spouse refuses to transfer or disclose assets. This is where enforcement and property division begin to overlap.

When Enforcement and Property Division Overlap

Property orders are often ignored just like support. Sometimes, enforcement issues arise directly out of property division disputes. A spouse may refuse to sign over a deed, drag their feet on refinancing a mortgage, or fail to transfer funds from a retirement account. In these situations, the line between property division and enforcement blurs, and court intervention may be necessary to move the process forward.

Here are a few examples of enforcement and property division overlap:

• Refusal to sign a deed transferring the marital home.
• Failure to refinance a mortgage as ordered.
• Delays in liquidating or dividing stock options.

📌 Case Example – Suffolk County: A husband refused to vacate the marital home. The court ordered eviction enforcement and legal fees for the wife.

These overlaps are also where spouses may attempt to gain an advantage by concealing or hiding property, making hidden assets one of the most pressing enforcement issues in Long Island, NY divorces.

Hidden Assets in Divorce

Unfortunately, not every spouse plays fair when it comes to property division. Some people attempt to conceal money, undervalue businesses, or stash assets in accounts under someone else’s name. Detecting hidden assets early, and knowing how Suffolk and Nassau county courts respond when dishonesty is uncovered, can be critical to ensuring a just outcome.

Common red flags that indicate hidden assets in a divorce include:

• Sudden debts or loans to friends.
• Large unexplained withdrawals.
• Business income not matching lifestyle.
• Undisclosed cryptocurrency accounts.

How we uncover assets:

• Subpoenas to banks, employers, exchanges.
• Deposition testimony.
• Forensic accounting audits.

📌 Case Example – Nassau County: A husband “forgot” to disclose a rental property titled in his brother’s name. Discovery revealed his ownership interest, adding $400k to the marital estate.

While uncovering hidden assets often requires firm legal action, not every dispute has to end in a courtroom showdown. Alternatives like mediation, collaboration, and arbitration may provide a better path forward.

Alternatives to Litigation for Divorce Disputes

While court is sometimes unavoidable, many post-divorce disputes can be resolved more quickly and cost-effectively through alternative dispute resolution (ADR) methods. Mediation, collaborative law, and arbitration each offer pathways to compliance or settlement without the stress and expense of a courtroom battle. Exploring these options may save time, money, and emotional strain for both spouses.

Mediation

• Pros: quicker, cheaper, private.
• Cons: may not work if one spouse is dishonest or controlling.

Collaborative Divorce

• Pros: structured negotiation, cooperative.
• Cons: if it fails, both lawyers must withdraw.

Arbitration

• Pros: binding decision, privacy, speed.
• Cons: limited appeal rights, costs comparable to trial.

📌 Local Practice: Both Nassau and Suffolk courts encourage ADR before trial, however judges retain authority to enforce orders.

And whether through litigation or alternative resolution, the goal remains the same: ensuring court orders are followed and property is divided fairly so you can move forward with stability.

ADR Can Save Time, Money and Stress in Your Divorce

While we are well-versed and experienced in litigating these matters in Nassau and Suffolk courtrooms, we generally advise our clients to avoid court battles when possible. Alternative Dispute Resolution can save significant money, time and emotional stress of a litigated battle in court. Contact us today at 631-923-1910 to discuss your case with our experienced attorneys to determine if ADR can help you.

Enforcing Divorce Orders & Dividing Property Fairly Matter on Long Island, NY

Enforcing divorce orders and dividing property fairly are two of the most important steps in securing your financial stability and peace of mind after divorce. Yet too often, these issues remain unresolved when one spouse refuses to comply or attempts to hide assets. Without swift enforcement, arrears grow, property remains tied up, and families are left in limbo.

New York courts in Nassau and Suffolk Counties take these matters seriously, offering a wide range of remedies — from wage garnishment and asset freezes to QDRO enforcement and contempt sanctions. But navigating these options on your own can be overwhelming. Every case is unique, and the strategies that work in one situation may not apply in another.

At Hornberger Verbitsky, P.C., we understand that enforcement and property disputes are not just legal matters. These issues can affect your livelihood, your children’s stability, and your ability to move forward. That’s why we combine deep knowledge of New York state law with practical experience in local Nassau County and Suffolk County courts to deliver results. Whether your case involves a missed support payment, a stalled property transfer, or complex business or retirement assets, we have the tools and the expertise to protect your rights.

Don’t wait for problems to resolve themselves. If your ex is ignoring court orders or if you’re worried about the fairness of your property division, take action now. Call 631-923-1910 or contact us to request a free consultation.