Discharging Maintenance with Bankruptcy

Discharging Maintenance with Bankruptcy

Are you wondering how to go about discharging maintenance with bankruptcy from your spouse? Watch this video, then call our Saratoga lawyers.

As an experienced Saratoga Divorce Attorney, I am often asked if you can discharge paying spousal maintenance if you file for bankruptcy.

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  • Although the bankruptcy code is designed to relieve a person of indebtedness, it is still concerned with that individual’s family obligations.
  • A domestic support obligation will not be discharged in bankruptcy, whether or not it is called maintenance.
  • Obligations of a financial nature may be considered a domestic support obligation and not dischargeable.
  • A separation or settlement agreement should include a provision expressly prohibiting an individual from discharging those obligations, regardless of the bankruptcy code.

Are you thinking of discharging maintenance with bankruptcy from your spouse? Contact our experienced and dedicated Saratoga Spousal Support Attorneys for legal navigation.

This educational video was brought to you by Jean Mahserjian, an experienced Saratoga Divorce Attorney in Clifton Park.

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Jean Mahserjian, Esq. Avatar

Jean Mahserjian, Esq.

Attorney Albany Law School at Union University, New York State Bar

Jean M. Mahserjian, Esq., is a New York family law and divorce attorney in Albany, Saratoga, and the surrounding areas. For more than 20 years, Jean has maintained her capital region law firm, located on Route 9 in Clifton Park, New York.

The practice encompasses all areas of family and matrimonial law, an online uncontested divorce service and various areas of estate planning.

Areas of Expertise: New York Divorce, Separation, Child Custody, Child Support, Spousal Support, Property Distribution, Post Divorce Issues, Real Estate Closings, Sale of Marital Real Estate, Preparation of Qualified Domestic Relations Orders, Dividing Retirement Assets

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