As far as I know there is no protection if they quit working, lose their job or can't work.

If they don't have it they can't pay.

This is why I took a lump sum payment, instead of alimony. Same thing for child support, you can't collect if they don't work and get an actual paycheque. I still get the child support but it is 60% of what I would have gotten because I took 40% in a lump sum up front.

My ex quit paying all my alimony; I had him in court and he was ordered to pay. He left town and still shorted my money. Then he had his ankle operated on and claimed disability. Judge told him he should have saved to pay my alimony. He paid what he owed me and left town again.Last time he quit sending anything. It took 8 months to get him served and even his Atty told him to give me what I was asking for or he would go to jail. He paid all the alimony, paid all my Atty fees and agreed to deed this farm over to me. He no longer has to pay me and that makes us both happy.

Your stbx has a good job and if you put the clauses in your decree that CGK and I both have mentioned you will be protected. If he dies you sue his estate to get your money. If he quits or is fired he still has assets to pay you.There is no guarantee in anything but I do have an all or nothing attitude about my divorce and what I was owed. Try comparing what you would have in alimony over the years he would pay against taking a lump sum. How many years would the lump sum last against the 8 years you would receive alimony? Add a year to the alimony to cover you until you can draw SS.

It is what happened to you, trisha, that makes me so fearful of going the alimony route. I see trouble ahead on many levels doing it that way. I really don't think he's going to be working for another 9 years. Plus, as I mentioned before, he's had cancer. It was very early stage 1 colon cancer, they took out half his colon, he never needed chemo or radiation and hasn't had trouble since. BUT, if it came back, it could cause all kinds of problems. Unfortunately, I have to think about what MIGHT happen and account for it NOW. Otherwise, I'm really in trouble. You mentioned that he has assets he could use to pay me. But, I can hear it now, "Well, my mom died and I had to pay for the funeral." That sort of thing.

I was just thinking now that we've figured out the alimony, we could just add that all up with the assets I've asked for and call that the lump sum. Problem is I don't think he could pay all of that at once. Can you do lump sum in 2 or 3 big payments? I just want to be free of this guy financially!!! The sooner the better. He is a nightmare to deal with when it comes to money.

An atty told a family member "we don't have debtors prisons".
Yes they can be thrown in jail, inconvenience them, but they aren't going to stay in jail forever.
If they truly don't have it, not sure what can be done.

I received everything I was owed and then more. I live in the same state you do. Your stbx's job is comparable to the job my ex has and you don't have to worry about out of state job transfers.

I'm just telling you what worked for me. How many times have you asked these same questions? You have an Atty, a financial planner and you are scared to make a decision. I totally know what you are feeling. I was scared too but I researched and covered myself as best I could. It worked for me. You have to make the decision that will work for you and then stick to that decision.I won't worry you with how I came out of this again. Perhaps too much info is overload for you. I know you will do what is best for you.

Going to jail is used as a deterrent but doesn't solve the issue of nonpayment. You can request a lien against his personal property.

Read what I wrote in your other post.. I should add, if he is as smart as you say, then he probably also has disability insurance, which is 88 to 95 percent of his income at his job. He can then pay you.. mine has it, because he lived with me for 28 years and he learned a lot.

I agree with Trish, you are fortunate, you have all this paid help. Use them.. I keep seeing that you write on here my financial planner told me for example I can not afford a forensic account.. well got with that, I did not answer. Starting fee for that 10,000! It is your job and your only job, to educate yourself on how this works, or pay someone to do it for you. I get it, and I was worried too, for a year it took to get divorced. I do not like unknowns.. so I worked on learning it ALL, and not from a forum or board either. DS did not exist, I came here right about when I got divorced. I had the best lawyer for me, I had a therapist.> YOU have to trust someone, but most of all you have to trust yourself. There is a lot of misinformation out there, from here too. NO ones divorce is the same here, but we all end up the same place. That is the like mindedness of it here, and some of us, me included, are way way down the road. Seen 100s of people in 6 years come and go. I see lately the I am worried I will never move on.. 100s have, thrived, and have new lives, and are happy. That take personal effort.

So take this from the heart, it will get better, but you have to want to not let this take over your life.. as others say, and me more bluntly, find something to do. Tutor yourself in computer skills, look at going back to work ( ask your lawyer,( do not screw up your alimony) do something that although on budget, that you want to do. Goodness, when I hear about people saying they are all old in their 50s, well no matter how much alimony you get.. I have never heard anyone say they had too much money divorce. Work at what you think you want your life to look like, and figure out how to get there. Best to you!

Hugs MsTerey...so nice to see you back

Today, my attorney will send my stbx and his attorney the first draft of our settlement agreement so, finally, FINALLY, I will be able to move on to other things. My attorney said, "I will make no representations as to how this will be received. It is long overdue." That is not what I wanted to hear at this point. And, yes, it is long overdue but none of that was my fault. Doesn't sound like she understands that. Anyway, at least, we can finally begin to negotiate. Has it really taken 9 months to get to this point? Hoping for a resolution soon. I so want to move on. Thank you, again, for your continued support.