According to Florida law, a spouse cannot be ordered to sell capital assets to meet alimony payments:
In any event, the law does not require that an ex-husband necessarily sell capital assets to pay alimony. Nor is an ex-husband necessarily required to borrow money to be able to maintain a court ordered level of alimony payments. See Fort v. Fort, 90 So.2d 313 (Fla. 1956). As McConnell v. McConnell, 552 So.2d 237, 239 (Fla. 1st DCA 1989) said in that regard, quoting Fort, 90 So.2d at 315,
Thus, where the parties have simply agreed on the amount of monthly payments to be made by the husband for the support of the wife, in satisfaction of the husband’s common law obligation of support, it would not appear unreasonable to require the wife to accept a lesser sum, temporarily, during such time as her former husband is establishing himself in a new type of employment, entered into in good faith, without requiring him to dissipate his capital assets to meet the monthly support obligations to his former wife.
See: Kinne v. Kinne, 599 So. 2d 191
Related:
- Enforcement of Alimony Awards
- What You Need to Know About Alimony in Florida
- Successfully Modifying Alimony in Florida
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