The homestead protection
defeats almost all creditors, but there are narrow exceptions (IRS
debt being the most common). Occasionally, people asks whether an
ex-spouse can force the sale of or impose a lien on a homestead to
enforce the collection of past-due alimony. This issue was discussed
in the case of Robles v. Robles, 860 So 2d 1014 (Fla. Dist. 3 2003).
This appellate court decision said that the general rule is that an
ex-spouse may not impose a lien on a homestead property to collect
alimony.
There are exceptions where the
party owing the alimony is found to have engaged in affirmative
fraudulent or reprehensible conduct which interfered with the
spouse’s ability to collect the alimony award. Some examples of such
conduct are where a husband was found in contempt of court multiple
times and would only pay alimony if subject to
incarceration or when a husband purchased the homestead subsequent
to divorce and lived there with and supported a girlfriend. In such
instances, a court may either order the homestead sold to pay
alimony or impose an equitable lien on the homestead so that alimony
is recovered
when the debtor’s homestead is sold.
