How Does Alimony Work with Bankruptcy?

Bankruptcy is a last resort option people consider when they are facing seemingly impossible debt. While the process does indeed discharge many debts like credit cards and medical payments, other debts such as alimony or child support are typically not eligible for discharge.

Alimony is the payments a spouse makes to his or her former spouse following a divorce. Their goal is to assist the spouse receiving payments in maintaining a standard of living like the one had when they were married. Hence, courts consider alimony payments ineligible for a discharge in most cases. However, divorce proceedings may differ, which is why divorce courts will examine a variety of factors prior to determining if a debt can be discharged.

For alimony to be deemed a debt, it must be paid to the former spouse. The divorce decree must identify the debt as alimony or spousal support. Certain alimony types can be identified differently, or it may be provided through another means. For example, property settlement decisions are another form of providing ex-spouse support. In such a scenario, payments won't carry the alimony or spousal support label.

This update is provided by the firm Rafool, LLC. We have a strong reputation throughout Florida and we have numerous years of experience representing clients involved in complex divorce cases as well as other family law matters. Should you have any domestic or family issue, we are here to assist you by providing educated advice and skilled, professional advocacy. Call 305-567-9400 to speak with one of our family law attorneys Miami or the best divorce attorney Miami.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.