Florida Homestead and Alimony
I received an inquiry from a New York resident who was subject to an alimony judgment. He wanted to know if Florida homestead laws protect against alimony judgments. His plan was to make himself a Florida resident, invest money into a Florida homestead, and then tell the New York judge he had no money to pay alimony in the hope that the court could not put a lien for alimony on his protected Florida homestead.
The plan won't work. While a court could not put a lien on a Florida homestead to satisfy an alimony (or child support) award, the family courts have other methods of eliciting payment. For example, the New York court could order payment of alimony, and if the individual did not pay, after putting available cash into the homestead, the court could hold him in contempt of court. Continued failure to pay could result in arrest and imprisonment for contempt of court.
Homestead protection is effective against civil judgments, including marital settlement decrees, but it does not stop courts from taking other measures to enforce awards of alimony or child support.
