No. Alimony is not subject to claims of creditors by seizure or garnishment under Florida law.
The Florida Statutes do not exempt alimony from execution by creditors. Alimony is considered a form of income. Therefore, if a debtor receiving alimony supported a child and was head of household, the debtor could take the position that her alimony is protected under Florida’s wage exemption.
Even when the debtor is not head of household, several Florida courts, including both state courts and federal bankruptcy courts, have issued decisions stating that alimony is not subject to claims of creditors or a bankruptcy trustee.
These courts have held that it is against public policy to allow creditors to seize alimony. Much of Florida’s debtor exemptions are based on the policy to protect families. The protections are not designed to excuse debtors as much as to protect those financially dependent on debtors. Court decisions exempting alimony from garnishment probably reflect a policy of protecting single-parent households that depend on alimony income.
About the Author
Jon Alper is a nationally recognized attorney specializing in asset protection planning. He graduated with honors from the University of Florida Law School and has practiced law for almost 50 years.
Jon and the Alper Law firm have advised thousands of clients about how to protect their assets from creditors.
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