Is Spousal Support Affected by Filing Bankruptcy?

Bankruptcy in and of itself can be tricky business on its own, but adding alimony into the mix can make it even more difficult. Take a look at how spousal support can be affected by bankruptcy and how it may or may not be discharged by bankruptcy.

Alimony Is Not Discharged in Bankruptcy

In general, filing for bankruptcy does not get rid of “domestic support obligations," which include alimony and spousal support. Alimony/spousal support debts cannot be discharged in bankruptcy except in specific circumstances, because these payments are intended to provide for the basic necessities of an individual. 

“Domestic support obligations” are any debts owed to or recoverable by a:

• Spouse

• Former spouse

• Child of Debtor

• Child’s parent or legal guardian

• Responsible relative,

• Government unit (alimony, maintenance, child support)

With none of these debts being dischargeable, it may be an unwise decision to file for bankruptcy if you want to avoid paying them.

The Exceptions To The Rule

There are not many instances in which these types of support can be discharged; however, there are two main exceptions.

• The first example occurs when a divorce decree specifies that an obligation to a spouse is alimony when it is not actually alimony. As an example, there may be a divorce decree stating that the husband is to pay a marital debt to some form of business. If the husband’s payment is to be treated as “alimony,” he may be able to discharge that “non-alimony” debt.
• The second instance occurs when the ex-spouse is able to discharge an alimony obligation if it has been assigned to a third party. For example, when a couple files for divorce, one party may be ordered to pay alimony. Let’s say the husband is ordered to pay his former wife $500 per month. If he does not pay that amount, his former wife has the ability to give the right to collect to her father. Her father now has the right to collect from her ex-husband, who can discharge the alimony assigned to his former father-in-law.

Every situation is unique, so talk to a bankruptcy lawyer about what types of debts and obligations can be discharged in your situation. 

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Attempting to discharge alimony through bankruptcy can be difficult and stressful on your own. Our goal is to use a compassionate and personalized approach to make the complexities of filing for bankruptcy as easy as possible.