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
Answered

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

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Divorce

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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