FAQ: If A Divorced Spouse Declares Bankruptcy, What Happens To My Alimony?

What happens to alimony if you declare bankruptcy?

In general, alimony cannot typically be discharged due to a period of bankruptcy. However, there are two primary exceptions. For example, alimony payments may be decreased when the supported spouse’s division of property debt is discharged in bankruptcy, which forces the supporting spouse to take on that debt.

Does declaring bankruptcy clear alimony?

The general rule is that an alimony obligation doesn’t just disappear in bankruptcy. Filing for bankruptcy to avoid an obligation to pay spousal support is a bad idea, because domestic support obligations cannot usually be “discharged” (cancelled or forgiven) in a bankruptcy proceeding.

Can a spouse get alimony after divorce is final?

Alimony is also sometimes called spousal support. Temporary alimony (also called pendente lite alimony) can be granted while the divorce is in progress, to help until the divorce is final. When the divorce becomes final, there may or may not be an order for alimony after the divorce.

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What happens if my ex husband declares bankruptcy?

If your partner is made bankrupt, they’ll no longer be liable for any debts that you have jointly with them. However, you will still be liable for the full amounts. Your creditors could pursue you for payment of the full amount of any joint debts you have with your bankrupt partner.

Does spousal support survive bankruptcy?

Filing bankruptcy does not discharge your obligation to pay court ordered alimony, spousal or child support payments. What that means is that any amounts you owe for support prior to filing, will survive your bankruptcy and you will have to make those payments even after your bankruptcy is finished.

Which of the following Cannot be discharged by filing bankruptcy?

Debts Never Discharged in Bankruptcy Alimony and child support. Certain unpaid taxes, such as tax liens. However, some federal, state, and local taxes may be eligible for discharge if they date back several years. Debts for willful and malicious injury to another person or property.

Is alimony protected from creditors?

Income that is completely protected from creditors Debt collectors and creditors cannot take protected income to repay your debt. But this income is not protected from paying debts like alimony, child support, criminal fines or money you owe the government.

What is an automatic stay in bankruptcy?

An automatic stay is a provision in United States bankruptcy law that temporarily prevents creditors, collection agencies, government entities, and others from pursuing debtors for money that they owe.

Is income tax a priority claim?

A tax claim also has priority if the government has assessed the tax within 240 days before the filing date, even if the tax was due more than 3 years before the filing date, or if the tax is assessable after the filing date. Employment taxes and excise taxes have the same applicable periods as income taxes.

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How long does an ex husband have to pay alimony?

Generally, for short-term marriages (under ten years), permanent alimony lasts no longer than half the length of the marriage, with “marriage” defined as the time between the date of marriage and the date of separation. So, if your marriage lasted eight years, you may expect to pay or receive alimony for four years.

Can ex wife come after new wife’s income?

Since California is a community property state, the parent must include one-half of the couple’s community property on his or her tax return. The new spouse’s income could push the ex-spouse’s salary into a higher tax bracket, which could affect the after-tax income and thus the amount of child support owed.

What qualifies a spouse for alimony?

Spousal support is generally awarded to a spouse who has been out of work during the marriage or makes a lower income and needs the support of the other husband even after the divorce.

Why do people file bankruptcy after divorce?

Filing for bankruptcy first can also make the property division portion of your divorce case simpler. In a normal divorce, the court will divide both the assets and the debts. If you and your spouse secure a discharge of your unsecured debts, neither one of you will have to pay them after you receive the discharge.

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