Kurt A. Floyd, Sr. and Livia M. Floyd were divorced in 2008. The decree of divorce incorporates the settlement of the parties, in which Kurt and Livia agreed that Kurt would retain title to, and possession of, the marital residence. The decree and incorporated settlement required Kurt to refinance the existing mortgage on the marital residence and to use the proceeds to pay Livia for her share of the equity. If Kurt were unwilling or unable to refinance the marital residence, the decree and incorporated settlement required him, within 90 days of the entry of the decree, to list the marital residence for sale at its fair market value or a price mutually agreeable to the parties. On cross-motions for contempt, the court below found that Kurt violated the terms of the decree in several respects, including by failing to refinance or list the marital residence, and it held Kurt in contempt of the decree. The court directed Kurt to purge his contempt with respect to the marital residence by making a quitclaim deed for the residence in favor of Livia. Kurt appeals from the contempt order, as well as the denial of his cross-motion for contempt.
1. We turn first to the contention that the court below impermissibly modified the decree by directing Kurt to purge his contempt by executing a quitclaim deed in favor of Livia. It is settled that, "[w]hile the trial court has broad discretion to determine whether the decree has been violated and has authority to interpret and clarify the decree, it does not have the power in a contempt proceeding to modify the terms of the agreement or decree." Jett v. Jett, 291 Ga. 56, 58(2), 727 S.E.2d 470 (2012) (citation and punctuation omitted). See also Greenwood v. Greenwood, 289 Ga. 163, 164, 709 S.E.2d 803 (2011). "Although the contempt order may seem reasonable, it violates the firm rule we have established against modifying the property division provisions of a final divorce decree." Doane v. LeCornu, 289 Ga. 379, 381(1), 711 S.E.2d 673 (2011) (citation and punctuation omitted). "Those provisions equitably divide marital property between the parties, and we have not allowed trial courts later to compel a party who was awarded a specific asset to sell or otherwise convert that asset in order to comply with some other provision of the decree." Darroch v. Willis, 286 Ga. 566, 570-571(3), 690 S.E.2d 410 (2010) (citations omitted). The divorce decree in this case does not specify that the marital residence is to be conveyed to Livia if Kurt fails to comply with his obligation to either refinance or list it. Consequently, the requirement in the contempt order that Kurt execute a quitclaim deed in favor of Livia amounts to an impermissible modification, not an interpretation, of the divorce decree, and that portion of the contempt order must be reversed. Doane, 289 Ga. at 381(1), 711 S.E.2d 673.
Livia argues that Kurt has waived his contractual interest in the marital residence by his contemptuous conduct, specifically by failing to refinance the marital residence, put it on the market for sale, or pay Livia her share of the equity and by occupying the residence for more than 15 months without paying the mortgage.
"Our ruling does not mean that the trial court is left with no effective means of enforcing the divorce decree." Darroch, 286 Ga. at 571(3), 690 S.E.2d 410. Kurt "is still obligated to refinance [or list] the marital residence, and the trial court has means to compel his compliance, including incarceration." Jett, 291 Ga. at 59(2), 727 S.E.2d 470 (citation omitted). And perhaps Kurt might decide on his own to convey his interest in the marital residence to Livia by quitclaim deed so as to fulfill "his obligations and avoid these consequences. If that happens, however, it will be based upon his decision to take that action with the house specifically awarded to him in the divorce decree, rather than the trial court's impermissible direct modification of that component of the decree's property division." Doane, 289 Ga. at 382(1), 711 S.E.2d 673.
(RT.207) According to Kurt, it is unclear whether he is required to maintain health insurance if it no longer is available at a reasonable rate from his employer or if Livia is offered a comparable policy which is more economical.
As this Court has explained, "[t]he controlling principle to be applied in interpreting decrees based on agreement of the parties is to find the intent of the parties by looking to the four corners of the agreement." Crosby v. Lebert, 285 Ga. 297, 299, 676 S.E.2d 192 (2009) (citation and punctuation omitted). "But, when a contractual term of a settlement agreement incorporated into a divorce decree is clear, unambiguous, and capable of only one interpretation as written, the plain meaning of the provision must be strictly enforced." DeRyke v. Teets, 288 Ga. 160, 162(1), 702 S.E.2d 205 (2010) (citation omitted). It is true that the incorporated settlement in this case requires Kurt to maintain his existing medical insurance for only so long as it is available through his employer at a "reasonable rate." Because Kurt lost his job, he could not be held in contempt for failing to maintain his existing insurance. But the agreement separately requires Kurt to be "responsible" for the cost of medical insurance for each minor child born of the marriage for as long as he has an obligation to pay support for that child. So, regardless of the loss of his existing insurance, Kurt continued to be "responsible" for the cost of insurance.
The subsequent provision, which concerns an offer to Livia of comparable, but more economical, insurance, does not relieve
Kurt relies on the general rule that, "[b]efore a person may be held in contempt for violating a court order, the order should inform him in definite terms as to the duties thereby imposed upon him, and the command must therefore be express rather than implied." Hall v. Nelson, 282 Ga. 441, 444(3), 651 S.E.2d 72 (2007) (citation and punctuation omitted). See also Morgan v. Morgan, 288 Ga. 417, 419(1), 704 S.E.2d 764 (2011). "However, two major exceptions to this rule already exist. Awards of alimony or child support are implicit commands of the court and are enforceable by action for contempt without language in terms of a command, since these are duties in which society has a substantial interest." Woods v. Bradford, 288 Ga. 158, 160, 703 S.E.2d 319 (2010) (citation and punctuation omitted). See also Griggers v. Bryant, 239 Ga. 244, 245-246(1), 236 S.E.2d 599 (1977) (applying this principle to awards of child custody). When one party is responsible under a divorce decree for a cost which the other party actually pays, then the responsible party clearly has an implied obligation to reimburse the other party. See Butler v. Carpenter, 243 Ga. 734, 256 S.E.2d 463 (1979) (under decree ordering husband to pay all the children's medical expenses, he was obligated to pay even those bills which were "paid by insurance provided by wife at her own expense"); Portman v. Karsman, 166 Ga.App. 398, 401, 304 S.E.2d 399 (1983) ("the requirement to maintain hospitalization insurance necessarily includes payment of the proceeds to the minor children").
Kurt argues that, even if the medical insurance provisions are not ambiguous, the court below impermissibly modified the divorce agreement by requiring Kurt to reimburse Livia for medical insurance premiums, as nothing in the agreement directly imposes any such requirement. But as we have already explained, Kurt is responsible for the cost of such premiums, and ordering him to reimburse Livia for the cost of premiums incurred during the time that he failed to maintain insurance is a reasonable method of compelling him to fulfill his obligation under the divorce decree. See Roberts v. Roberts, 229 Ga. 689, 691, 194 S.E.2d 100 (1972) (husband who had not purchased hospitalization insurance as required by alimony decree became a self-insurer as to wife's hospital indebtedness, and requirement that he pay this indebtedness to purge himself of contempt was a reasonable method of discharging the obligation imposed by the alimony decree). See also Blair, 272 Ga. at 96-97(2), 527 S.E.2d 177 (a party who fails to provide
3. Kurt also complains that the court below erred when it declined to hold Livia in contempt for taking a gold coin, silver bowl, and silver place settings that Kurt apparently inherited from his aunt.
Judgment affirmed in part and reversed in part.
All the Justices concur, except HUNSTEIN, C.J., who concurs in part and dissents in part.
HUNSTEIN, Chief Justice, concurring in part and dissenting in part.
Although the majority opinion properly affirms the trial court's finding that the husband was in willful contempt, I cannot agree with its reversal of the trial court's order directing the husband to execute a quitclaim deed to the wife. In this case, the husband lived in the marital residence for 15 months without paying the existing mortgage, and he failed to refinance that mortgage or list the property for sale as required under the couple's divorce decree. Because the majority opinion permits a party with impunity to violate a judgment of the court without losing the benefit of the bargain he made in the divorce settlement, I dissent to Division One.
NW Parkway v. Lemser, 309 Ga.App. 172, 177-178(3), 709 S.E.2d 858 (2011). That Kurt failed to refinance the marital residence, failed to list it for sale, failed to pay Livia her share of the equity, and continued to occupy the marital residence without paying the mortgage is not so manifestly consistent with an intent to relinquish his entire share of the equity to Livia that no other reasonable explanation of his conduct is conceivable.