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Old 11-17-2007, 07:49 PM
slush fund slush fund is offline
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Default Re: investments protected from medical or legal liabilities

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Slush Fund

Does that mean if your spouse is getting sued, say for wrongful termination, that the other can open an account in his/her name and move all assets into that account and have them protected? Also, say your spouse loses, can both of your wages be garnished or just the spouse named on the suit? Thank You.

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i assume your spouse is being sued personally and not as the owner of a corporation or LLC but in any case fraudulent conveyances to avoid paying creditors will ultimately not protect the asset. In my state, in order to seize personal property owned by a married couple jointly, the judgment must be against both of them and not either one individually.

wage garnishment is definitely a state to state thing. a small few outlaw it completely (Texas, Pennsylvania). in Florida there is a head of household exemption which states that if you provide more than one half of the support of a dependent, your wages are exempt from garnishment. the caselaw has expanded to include almost anyone as a dependent, grandchildren, parents, and the other spouse in addition to being extremely liberally granted by courts. so here its basically the person who makes the most money in the house is exempt from wage garnishment which would make it impossible to garnish the wages of both people in a marriage, even if you had a judgment against both of them. to answer your question though as a general rule, a spouse's wages could never be garnished to pay a judgment that is only against the other spouse. any other differences that would apply in the state you live it you could probably find very easily on teh internets
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