Marriage of Goldman: When Is It Too Late to Enforce a Divorce Judgment?

It’s been said that “justice delayed is justice denied.” But in divorce cases, justice might still show up, even 10+ years later.

In Marriage of Goldman (Jan. 10, 2025) 2025 WL 66276 (CA-4(1)), the Court of Appeal tackled a key issue: can someone enforce a divorce judgment long after the fact, or does the legal doctrine of laches stop them in their tracks?

Spoiler: In some cases, delay doesn’t kill your rights. But you’d better be ready to explain it.

Background: Divorce Terms from 2009, Claims Filed a Decade Later

A judgment based on a marital settlement agreement (MSA) was entered in 2009, and the terms included:

The parties would file joint tax returns for 2007 and 2008, with Wife to receive the refunds
Division of stock and royalties

Fast forward to:

2018 – Wife filed a request for order (RFO) because Husband filed the tax returns separately, violating the MSA
2020 – Wife filed another RFO to enforce her rights to the stock and royalties

Husband objected, arguing that Wife waited too long, and her claims were barred by laches, a legal doctrine that punishes unreasonable delay.

The trial court agreed with Husband and shut down Wife’s claims.

Wife Appealed – and the Court of Appeal Had a Different Take

Family Code §291: Enforcing Judgments in Family Law

Under Family Code §291(a), any money judgment or judgment for possession or sale of property under the Family Code is enforceable until paid in full, with no expiration date.

That means you don’t have to renew the judgment to keep it alive. If it’s not paid, it can be enforced—even years later.

So what’s the catch?

The Role of Laches: Equity Still Matters

The appellate court acknowledged an important distinction: Family Code §291(d) says that in support enforcement cases, laches can only be raised if the money is owed to the state.

But here, Wife was not seeking support, she was enforcing property and tax refund terms in the MSA.

The court said:

“Because Wife does not seek to enforce a support judgment, the laches defense is available to Husband.”

So yes, laches can still apply to non-support judgments. But…

Trial Court Got It Wrong: No Proof of Prejudice

Even though the defense of laches was technically available, the trial court did not back up its conclusion that Husband was prejudiced by the delay.

Laches requires three things:

Unreasonable delay
Knowledge of the right
Actual prejudice to the other party

In this case, there was no substantial evidence of prejudice. So, the Court of Appeal reversed the decision and sent it back to the trial court for further proceedings on the merits.

Key Takeaways from Marriage of Goldman

Judgments don’t die just because time passes. Under Family Code §291, a judgment for property or money stays enforceable until it’s satisfied.
Support vs. Non-Support matters. Laches is mostly off-limits in support cases (unless the debt is to the state), but it’s fair game in other enforcement actions.
Laches is not automatic. A party raising laches must prove not just delay, but that the delay caused real, provable harm.
Equity still applies. Even when the law says “enforceable forever,” a judge may deny enforcement if your delay is unreasonable and unfairly hurts the other side.

Thinking About Enforcing an Old Divorce Judgment? Don’t Wait.

If you’re sitting on unpaid property awards, missed tax refunds, or improperly divided assets, don’t assume it’s too late, but don’t delay either. The court may let you enforce, but only if you move before your delay becomes unreasonable and your ex can show real harm from your inaction.

Marriage of Goldman is a reminder: California law keeps family judgments alive—but equity favors the vigilant.

Need help enforcing your divorce judgment or responding to an old claim from your ex? Contact our office to schedule a confidential consultation.

Channe G. Coles