Saratoga Divorce Attorney Explains if You Can Discharge Spousal Maintenance with Bankruptcy
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Are you thinking of filing for bankruptcy to discharge spousal maintenance? Watch the following educational video, then give our attorneys a call to set up a free review.
Question:
Can You Discharge Spousal Maintenance with Bankruptcy?
Answer:
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 our experienced Saratoga Spousal Support Lawyers today for a free consultation and case evaluation.
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Client Reviews
“The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and her team for any legal needs.”
– Joseph Bona