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You have raised a number of questions so let me try to address them in order. :) 1) Even if she was sued, which is unlikely with her in Florida and the UK being the site of the issues and even if the identity is determined, she cannot be held liable as long as what she says is the truth. In order to sustain any claim for defamation, one would have to prove she conveyed a defamatory message she knew or should have known to be false. 2) In the unlikely event she would lose a suit, her non-exempt assets would be at risk. Assets that are exempt include all retirement plans, retirement income, and your home. Florida has an unlimited home exemption, so matter how much your home is worth, it is safe. ##3, 4, 5) These could all be at risk if you were to lose a suit. To protect yourself if you are really concerned, you might want to consider putting non-exempt assets into a family limited partnership. Carefully drafted, this converts assets that a creditor would find attractive to go after into a limited partnership interest with no control, no rights other than that of an assignment, no transferability, no marketability, and no right to distributions. The transfer is for fair market value…i.e., you are simply exchanging one asset for another of equal value to you. And, you maintain control through a general partnership interest that you control. Yet, when complete it essentially is an asset no one wants and thus the creditor is less likely to pursue the debtor. 6) If assets are held jointly, they would be at risk. If assets are only in the husband's name, then they would be safe.
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