Family Law Blog

When an agreement incident to divorce is approved by the court and incorporated into the divorce decree, the agreement constitutes part of a valid and binding final judgment and is enforceable as part of the decree.

The agreement in this case included very large alimony payments to the wife and an agreement for the husband to pay the children’s college expenses.  The trial court awarded a judgment of $1,128,000 against the ex-husband and awarded $102,475 in attorney’s fees.  The few adjustments made to the judgment by the court of appeals did not reduce the ex-husband’s judgment and he almost certainly considers it a total loss.  One lesson: an agreement incident to divorce that is incorporated into the divorce decree is enforceable as part of the decree.

Castro v. Castro, No. 14-11-01087-CV (Tex. App. – Houston [14th Dist.] 5/9/2013).

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