954-526-9092
Minaya Law Office, PLLC
With an office in Plantation, we serve clients in Plantation, West Palm Beach, Fort Lauderdale and Miami.

Can alimony be discharged via bankruptcy?

Many people file for bankruptcy when they find themselves in over their heads when it comes to debt. While the process can help discharge a great many debts, including credit card debt and medical payments, things like alimony or child support are not usually able to be discharged. The Balance explains how these debts are treated when a person files for bankruptcy. 

Alimony is payments made by one spouse to his or her ex after a divorce. They're intended to help the spouse receiving payments maintain the same standard of living that was present during the marriage. As a result, courts consider alimony payments non-dischargeable in the majority of cases. However, divorce proceedings are not always cut and dry. That's why divorce courts look at a few different factors when determining whether a debt can be discharged. 

First, to be considered alimony the debt must be paid to an ex-spouse. Next, the debt must be labeled as alimony or spousal support within the divorce decree. Some types of alimony may be referred to differently, or it may be provided via another means. For instance, property settlement decisions may be made in the interest of providing the other spouse support. In this case, payments won't be explicitly labeled as alimony or spousal support. The bankruptcy court would consider these factors when making a decision on whether alimony could be discharged.

While it's true that in most instances the answer would be no, it's still possible to get a handle on your finances via bankruptcy. For instance, other debts will be discharged, which leaves more money for paying things like alimony or spousal support, which are considered priority debts. Additionally, filing for Chapter 13 allows you to better manage your debt, even if it won't be forgiven. As an example, you may be afforded up to five years to pay off back alimony or child support under Chapter 13. 

No Comments

Leave a comment
Comment Information
FindLaw Network  

Testimonials:

"Very impressed with Ms. Minaya. She found a practical and creative solution to my complicated legal problem. She took the time to understand my situation and put together a solution that was effective and efficient, avoiding expensive court proceedings. I would recommend to my friends without hesitation. Reasonable fees and excellent work."
J. V. Client

Read more...

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Review Us