Soon-to-be ex damaged and stole non-marital property ($110K). How can I ensure that a judgment be paid by him?

Am asking for payment of damaged home and pers. prop. as "property held by spouse". I understand that a civil judgment could be discharged if he filed bankruptcy. So I will seek all of it inside the divorce. I am certain that he will try to avoid payment by an means (unemployment/bankr.) Can the money be written as marital debt and as a maintenance payment with a time frame of perhaps 10 years? Then if money is not paid in that time frame, could I ask for balance to be taken out of his pension upon retirement? Marriage was a short time, but damage was extreme. Also a large disparity in incomes (his is 3x more- but he has no assets). How can I ensure that I get the money paid back? Can maintenance be written somehow regardless of re-marriage? I am wary of recoupment.

Kansas City, MO -

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Attorney Answers (1)

David Alexander Browde

David Alexander Browde

Divorce / Separation Lawyer - Chappaqua, NY

You need to discuss the issue in detail with a local attorney - what you've posted is insufficient for anyone to analyze the problem.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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