My ex-spouse owes me money for alimony, child support and from a property settlement agreement but he just filed for bankruptcy. Now what?

The good news for you is that if your ex-spouse filed for Chapter 7 bankruptcy relief, the provisions of the bankruptcy code, 11 U.S.C . § 523(a)(5) and § 523(a)(15) are broad and sweeping and will prevent your ex-spouse from discharging any of these obligations. In fact, alimony and child support are virtually non-dischargeable under any form of bankruptcy relief.

However, if your ex-spouse files for Chapter 13 bankruptcy relief (plan of repayment), (s)he will or may be able to discharge obligations under a property settlement agreement based on the language of 11 U.S.C. § 523(a)(15).


Disclaimer: The Law Offices of Michael E. Zapin is a debt relief agency and we help our clients file for bankruptcy relief.

The materials and discussions on this website are for informational purposes only and not intended to be legal advice to you. Most of the information on this website is based on Florida law. Laws are not static, they are fluid. Legislatures periodically change dollar values in laws relevant to bankruptcy. Though we strive to remain current on the law, always check primary sources for the most recent values or developments.  Laws in your home state may vary. Contact a competent local professional for actual legal advice or ask us for a referral.