Does Bankruptcy Affect Alimony?

Understanding Your Rights to Receive Alimony

Going through a divorce can quickly put someone in a bad financial state, leaving them in a position to consider bankruptcy. If you are receiving alimony payments and your ex has filed for bankruptcy, here’s what you need to know to protect your rights.

Can Alimony Be Discharged Through Bankruptcy?

While the bad news is that your ex-spouse is having financial troubles and has filed for bankruptcy, the good news is that you are still entitled to receive your alimony payments. Since the discharge of alimony can put you, the receiving party, in an unfavorable financial position, Florida and bankruptcy laws will not accept alimony as a dischargeable debt. In addition, child support is also not dischargeable through bankruptcy.

Can My Ex-Spouse Modify My Alimony Payments?

Suppose extenuating circumstances such as a medical issue or job loss have caused your ex-spouse financial difficulties. In that case, they may be able to ask the courts to modify your alimony payments or stop them temporarily until they can get back on track. In this case, it’s best to work through an agreement with your ex with the help of a family lawyer who can ensure your rights are protected. However, if they are refusing to pay alimony, it’s critical to enlist the help of an experienced divorce attorney to assist with enforcing alimony payments and receiving the arrears you are owed.

When it comes to the nonpayment of alimony, there are some steps you can take to ensure your rights are protected. You can read more about enforcing court-ordered alimony payments here:

Read More: What Happens if My Ex Stops Making Alimony Payments? (link to 8/16 blog once live)

Have Questions About How Alimony Works? We Have the Answers.

When it comes to the divorce process and all the things that need to be worked out, such as alimony payments, we are in your corner. Whether you are receiving or paying alimony, we have the answers to all of your questions. Our experienced family law attorneys are here to guide you through a difficult time.

Contact Owenby Law, P.A. today at (904) 770-3141 to schedule a free initial consultation with our team.