Enforcement Of Divorce Judgments Against Mobile Debtor Spouse

Someone called me today about protection from alimony and support judgment emanating from a divorce. The question was whether a spouse can avoid contempt for non-payment if the spouse’s normal job requires constant travel and relocation around the United States. The general rule is that most asset protection tools do not protect against marital decree liability. Marital courts have equitable powers to change ownership rights in property otherwise exempt from general judgment creditors. A judge can hold a divorced spouse in contempt simply for not paying court prescribed marital debts.

In this instance, the practicality of enforcing a marital decree against a debtor-on-the-move may offer practical protection. The creditor spouse would have to domesticate the marital judgment in whatever state the debtor spouse is currently working and residing. Locating a moving debtor and serving him with process can be very difficult. If the debtor spouse returned to Florida where the original marital judgment was entered the court could hold him in contempt and incarcerate him for failure to comply with prior court orders.

posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida