' Is Alimony Dischargeable in Bankruptcy?
CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

Is Alimony Dischargeable in Bankruptcy?

is alimony dischargeable in bankruptcyOne of the biggest concerns that people have when considering bankruptcy is the effect on their financial obligations, including spousal support or alimony. Many people wonder whether filing for bankruptcy will discharge their obligation to pay alimony or if they will still be required to pay it.

Is alimony dischargeable in bankruptcy?

First and foremost, it is important to understand that bankruptcy protects individuals who are struggling with overwhelming debts. There are two primary types of bankruptcy filings for individuals, Chapter 7 and Chapter 13. Each type of bankruptcy handles alimony differently.

Non-Dischargeable Debts

In a Chapter 7 bankruptcy, alimony is a priority debt. This means that it cannot be discharged. The court requires you to pay priority debts first with any available funds.

In a Chapter 13 bankruptcy, alimony can be a secured or unsecured debt, depending on the circumstances of the case. If the alimony is considered a secured debt, you must pay it ahead of other unsecured debts.

Creditors may label certain debts as non-dischargeable, meaning they can’t be eliminated through bankruptcy. In most cases, non-dischargeable debt falls under one of several categories:

  • Taxes, including most income tax debts
  • Certain types of loans, including government-backed student loans
  • Court judgments on unpaid loans
  • Debts related to criminal fines or restitution
  • Debts related to family court matters (alimony falls into this category)
  • Debts incurred through fraud or malicious behavior

If a debtor took out a loan with no intentions of repaying, they could not have this debt discharged. Similarly, creditors can object to a bankruptcy discharge if they can prove the debtor committed fraud, including lying about their income or assets to obtain credit or loans.

Are Your Debts Dischargeable?

Understanding non-dischargeable debt in bankruptcy is crucial in navigating the complex system. Even though bankruptcy is there to help you manage your debts and get back on track, it may not eliminate all of them.

It’s essential to distinguish between different types of debts and speak with an experienced bankruptcy attorney, who can advise you on how they’ll survive the bankruptcy process. By doing so, you’ll be able to determine whether bankruptcy is the right choice for you and what debts you need to focus on paying off. Remember, the right information and advice can make a significant difference in your financial future.

Alimony

It is important to note that the court will consider several factors when determining if alimony can fall under bankruptcy protection. These issues include:

  • Amount of alimony owed
  • Length of time you’ve paid
  • Reason for filing bankruptcy
  • Whether you incurred alimony

In addition, if you are considering filing for bankruptcy, it is important to notify your ex-spouse or their attorney of your intent to file. This allows them to file a claim with the court and make their case for why the court should not discharge the alimony debt.

While alimony is generally not dischargeable in bankruptcy, there are some cases where it may be. To determine whether alimony is dischargeable in your particular case consult with an experienced bankruptcy attorney. By working with an attorney, you can better understand your options. This way, you’ll make an informed decision about the best course of action to take. Remember, bankruptcy is a tool to help you get back on your feet financially, and an experienced attorney can help you make the most of it.

For more information, contact the Law Offices of Robert M. Geller at 813-254-5696 to schedule a free consultation with an experienced attorney.

Archive

Video Testimonials

Tampa Bankruptcy Law Blog

How is Marital Debt Divided?

Filing for bankruptcy is a complex process and becomes even more complicated when marital debt is involved. Marital debt refers...
Read More

What is Skip Tracing in Debt Collection?

When you lend money to someone whether it is for personal or business reasons, it’s especially difficult when they don’t...
Read More

What Happens at the End of a Chapter 13 Bankruptcy?

Dealing with bankruptcy is never easy. However, if you find yourself in a situation where you need to file for...
Read More

Can My Wages Be Garnished for My Spouse’s Debt?

Marriage is a partnership that often extends to financial issues, including debt. Unfortunately, not all spouses see eye to eye...
Read More

What Happens When You Get a Court Summons for Debt?

Getting a court summons for debt can be an overwhelming and frightening experience, but it doesn't have to be. Despite...
Read More

Can a Debt Collector Serve You Papers at Work?

Debt can feel overwhelming and stressful, especially if you have creditors calling you at work. Many people wonder whether this...
Read More

What to Do If a Debt Collector Threatens You?

Dealing with debt collectors is stressful and challenging. Even under the best of circumstances, contact from a debt collector is...
Read More

What You Need to Know about Updates to Student Loan Bankruptcy Discharge Laws

Are you struggling to make ends meet because of hefty student loan debt? The good news is that you may...
Read More

What is Considered Harassment from a Debt Collector?

Being in debt is never easy, but it’s especially devastating when you're being harassed by debt collectors. Of course, debt...
Read More

What to Do When You are Drowning in Debt?

Living with overwhelming debt is a distressing experience. It can feel like you are in an endless cycle of bills,...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions