If a divorce decree has one spouse make monthly debt payments to the other, can that debt be discharged in bankruptcy?

Asked about 1 year ago - Louisville, KY

If the debt is a combination of marital debt that was originally paid by one spouse, after separation, but should have been 50/50, and marital dissipation to be recovered by the monthly payments, is it considered an ordinary debt for the purposes of bankruptcy, or is it considered to be more like alimony in the sense that it can't be discharged?

Attorney answers (2)

  1. Christine B. Adams

    Pro

    Contributor Level 20

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    Answered . Debts that are not dischargeable in Chapter 7, but can be discharged in Chapter 13 bankruptcy if the marital debts created in a divorce or settlement agreement. It really depends on the settlement agreement. Any attorney who specializes in Bankruptcy can answer this question after they reveiw the dissolution of marriage settlement.

  2. Gary D. Bollinger

    Contributor Level 19

    2

    Lawyers agree

    Answered . The divorce decree supersedes your belief that the division "should have been 50/50".

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing debts in a divorce

Responsibility for debts acquired during marriage may fall upon both parties after divorce, even if only one spouse incurred the debt.

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