Saratoga Divorce Attorney Explains if You Can Discharge Spousal Maintenance with Bankruptcy

Name: Mahserjian & Mahserjian-Ortiz, PLLC
Address: 1741 US-9, Clifton Park, NY, 12065, US
Telephone: +1-518-348-4232
Price range: $$

Question

Can You Discharge Spousal Maintenance with Bankruptcy?

Answer 1

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

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.
separation or settlement agreement should include a provision expressly prohibiting an individual from discharging those obligations, regardless of the bankruptcy code.

Call Today