FAQ: When Can I Expect To Receive Money Owed Me For Alimony And Support From Husbands Bankruptcy?

How long does a man have to pay his ex wife alimony?

10-20 years – On average, you can expect to pay alimony for about 60 to 70 percent of the length of your marriage. So, if you were married for 20 years, your alimony will likely last between 12 and 14 years. However, this can change considerably based on individual circumstances and the judge overseeing your case.

Are alimony payments dischargeable in bankruptcy?

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.

Does living with someone affect alimony?

Yes. Cohabitation terminates alimony as long as the couple is living together on a continuing and conjugal basis. Paying spouse must file a motion for termination of alimony. The paying spouse can stop paying as of the date a court finds the cohabitation began.

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Is alimony for the rest of your life?

Permanent alimony does not necessarily mean that the payment will last for the rest of one’s life, but until the occurrence of a terminating factor such as: cohabitation; remarriage; or death of the payee spouse. There is no set time for rehabilitative alimony to end and is determined based on the individual situation.

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.

What happens if husband refuses to pay alimony?

What happens if the alimony is not paid on time? Once the court passes the order, the supporting spouse has to pay alimony within the timeline decided. If payments are not made in time, there are consequences; the court can take further action against the spouse, such as penalties.

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Do you have pay alimony if your spouse cheats?

In California, an adulterous spouse isn’t forced to pay alimony due to infidelity. Punitive damages are not awarded on this basis. Instead, alimony is only required based on the financial needs and abilities of the spouses.

Does living with a new partner affect financial settlement?

It is certainly possible that cohabiting with a new partner might affect how a judge applies these factors when deciding on a financial settlement. The assets of your new partner, and the nature of any financial support you receive from him or her will certainly be relevant.

What happens to my alimony if my ex husband dies?

With respect to spousal support (sometimes called alimony), the death of either the supporting party or the supported party terminates an existing spousal support order unless the parties have “otherwise agreed” in writing.

Is spousal support for life?

(a) Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.

Should alimony take lump sum?

One of the pros of lump sum alimony is avoiding a drawn-out obligation to the other spouse. The paying spouse can complete his or her financial obligation immediately and avoid monthly communications with the recipient. Paying alimony as a lump sum could also prevent the order from changing in the future.

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