Posted by Nydia Streets of Streets Law in Florida Divorce

Can a lien be placed on property for unpaid alimony in a Florida divorce case? The answer depends on whether special circumstances exist for imposition of a lien. This was an issue in the case Kritzman v. Kritzman, 3D21-624 (Fla. 3d DCA February 1, 2023).

In the parties’ marital settlement agreement, the former husband agreed to pay to the former wife alimony amounting to 1/3 of his gross income. For a period of time, the former husband failed to pay as agreed, and the former wife filed a motion for contempt and enforcement against him. The court eventually imposed a lien on the former husband’s retirement account for the amount due, and the husband appealed.

The appellate court agreed with the former husband that the lien was improper, holding “The Husband claims that the trial court imposed the equitable lien ‘without any notice or discussion and substantively erred by issuing that equitable lien with no facts, discussion, or finding of facts regarding the elements required for issuance of an equitable lien.’ We agree, as case law requires the trial court to set forth specific findings of special circumstances before imposing an equitable lien to protect payment of alimony.”

Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.