In a Decision – Wines v. Wines, (an Unpublished Opinion) >> the Court Held:
Husband filed a Motion to have Wife comply with the Matrimonial Settlement Agreement.. The Trial Court did not enforce the Divorce Agreement Attorney’s Fees indemnification clause The Appellate Division concluded that it was error for the trial court to not consider Husband’s application for attorney's fees and costs and remanded the case for the trial judge to determine Husband’s entitlement to those fees and costs.
The parties do not dispute the agreement unambiguously requires an award of attorney's fees and costs where a party successfully enforces the Divorce Agreement in response to the other party's "willful[] fail[ure] to abide by [its] terms."