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.
- 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 filing for bankruptcy to discharge spousal maintenance? Contact dedicated Saratoga Divorce Attorney Katrin Falco for navigation.