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 Katrin Falco, an experienced Saratoga Divorce Attorney in Clifton Park.

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