final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Dale C. Cohen, Judge; L.T. Case No.
R. Laing and Dale W. Schley, II of Laing & Weicholz,
P.L., Boca Raton, for appellant.
S. Weiss and Paul K. Silverberg of Silverberg & Weiss,
P.A., Weston, for appellee, Ellen Spector.
Former Wife appeals the circuit court's order denying
proceedings supplementary against Ellen Spector, the New Wife
of the Former Husband. The Former Wife argues the court erred
in finding homestead property and insurance policies are
always exempt from the contempt powers of the court
regardless of fraud. We agree that the court erred in its
conclusion and reverse the order denying proceedings
1996, the circuit court rendered a final judgment of
dissolution of marriage and incorporated post-nuptial
agreement. The former couple agreed that the Former Husband
would pay the Former Wife $5, 000 per month in alimony until
his or her death, or until she remarried, that he would
transfer to her title and interest in the marital house via
quitclaim deed, and that he would maintain whole or term life
insurance for her benefit in the amount of $750, 000.
years later, the Former Husband sought to modify the amount
of alimony he owed, a request that the court rejected and
labeled "somewhat disingenuous" because he had
failed to pay anything to the Former Wife. At that time, the
court found the Former Husband in civil contempt for
"willful and deliberate failure to comply with the
alimony provisions" of their post-nuptial agreement. The
court established the alimony arrearages through December 31,
2000 to be $128, 024, and ordered the Former Husband to pay a
purge amount of $64, 012 within thirty days. The court also
awarded the Former Wife $100, 000 in attorneys' fees and
later, the Former Husband filed for bankruptcy. The
bankruptcy court rejected his petition, finding his alimony
arrearages were not subject to bankruptcy discharge, and
awarded the Former Wife over $3, 000 in attorneys' fees.
The bankruptcy court's judgment was recorded as a lien on
the Former Husband's property with the Broward County
Clerk of Court.
he sought to modify the alimony, the Former Husband married
the New Wife. After he remarried, and after he had been held
in contempt, he transferred his residence via quitclaim deed
from title in his name alone to himself and the New Wife as
tenants-in-common. A second mortgage was taken on that house;
however, the money was used for "remodeling, " not
to satisfy the Former Husband's obligations to the Former
point not clear from the record, the Former Husband also
transferred title in a life insurance policy to the New Wife.
The New Wife then borrowed against the entire value of the
$200, 000 policy. Her candid testimony indicates shielding
money from the Former Wife was the purpose of the transfer.
The New Wife testified that she "took out the money
'cause my husband and his lawyer were speaking about he
would have to give his ex-wife some kind of money . . . . So
we didn't have extra money so I took out the money for
that . . ." The record indicates none of the Former
Husband's obligations to the Former Wife were satisfied
with this money.
learning of these transfers, and still having not received
what the court had determined to be owed to her, the Former
Wife moved for proceedings supplementary to execution and to
implead the New Wife and the insurance company. The court
issued an order for proceedings supplementary and later held
an evidentiary hearing.
the evidentiary hearing, the court rendered an order
concluding that both the life insurance policy and real
property were protected from creditors prior to the
transfers. Further, the court accepted the New Wife's
argument that "because the assets were completely
protected from creditors prior to the transfer, the mere
transfer of that asset would have no effect on the