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

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?

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Best Answer

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.


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



Learn to read. One spouse paid the marital debt before the divorce. The divorce decree had the other spouse pay their share to the one that had paid the debt. The divorce decree is what tried to make the division 50/50, not my belief, nor your reading disability. The decree imposed debt on the spouse that had not paid their share of the debt, but to be paid to the other spouse, who had paid both shares. The question was whether that post-divorce debt could be discharged.

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