Is Divorce Settlement Money Garnishable?

[Mambo Queen]

What is the name of your state (only U.S. law)? Missouri

Long story short--I'm divorcing my husband. He's been ill for a while and unemployed for longer...he also is the proud owner of tons of bad debt, mostly student loan debt--and one company has gotten a judgment against him, he's just been judgment proof for a while with no job and no assets. We have some equity in our home (which is in my name only) and I also have some game show winnings. I planned to give him a portion of each of these to at least start him out, as I don't think he would be awarded alimony due to the duration of our marriage (5 years) and the nature of his illness (alcoholism--although he's currently in recovery). However, I'm worried that if I just hand him a chunk of money it will be garnished . Would it be garnishable? If so, could I protect it from garnishment from structuring it as alimony? And even if I wouldn't be "forced" to pay alimony by the courts, could I go ahead and offer to do so anyway, if I wanted to do that rather than give him divorce settlement money that's going to go immediately to his creditors?

Thanks for the advice in advance.

 

[LdiJ]

What is the name of your state (only U.S. law)? Missouri

Long story short--I'm divorcing my husband. He's been ill for a while and unemployed for longer...he also is the proud owner of tons of bad debt, mostly student loan debt--and one company has gotten a judgment against him, he's just been judgment proof for a while with no job and no assets. We have some equity in our home (which is in my name only) and I also have some game show winnings. I planned to give him a portion of each of these to at least start him out, as I don't think he would be awarded alimony due to the duration of our marriage (5 years) and the nature of his illness (alcoholism--although he's currently in recovery). However, I'm worried that if I just hand him a chunk of money it will be garnished . Would it be garnishable? If so, could I protect it from garnishment from structuring it as alimony? And even if I wouldn't be "forced" to pay alimony by the courts, could I go ahead and offer to do so anyway, if I wanted to do that rather than give him divorce settlement money that's going to go immediately to his creditors?

Thanks for the advice in advance.

A divorce settlement is not garnishable, but once the money is in a bank account, in his name, it can be levied...so that is going to be the problem. Even if you structured it as alimony, it could still be levied once it hits a bank account in his name.

 

[mistoffolees]

A divorce settlement is not garnishable, but once the money is in a bank account, in his name, it can be levied...so that is going to be the problem. Even if you structured it as alimony, it could still be levied once it hits a bank account in his name.

She could offer to pay some of his expenses in lieu of alimony. For example, if she pays his rent, he gets the benefit, but it will not be garnishable.