If my spouse must pay me maintenance and he files for bankruptcy after the divorce, what happens to my maintenance?

Asked about 1 year ago - Castle Rock, CO

He has a tax lien and has frequently mentioned bankruptcy before we split.

Attorney answers (4)

  1. David M. Rich

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . Maintenance is not dischargable in bankruptcy, but if he cannot pay, it will accrue with interest and be a debt to you, which may not be of help in the short term to you.

    You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado.... more
  2. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Niether maintenance or child support can be discharged in bankruptcy and must be paid if the person is able.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  3. David Littman

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . Mr. Rich is correct. I would offer one caution. If you assign your rights to the maintenance to a collection attorney or collection agency, the maintenance owed becomes dischargeable in bankruptcy. Maintenance and child support are considered under federal bankruptcy law to be non-dischargeable debts.

  4. James T Anest

    Contributor Level 3

    2

    Lawyers agree

    Answered . It is non dischargeable

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.

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