My ex-spouse was ordered to pay some debts in our divorce. Can he avoid paying by declaring bankruptcy?


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divorce-and-bankruptcy consumer bankruptcy

My ex-spouse was ordered to pay some debts in our divorce. Can he avoid paying by declaring bankruptcy?

In some cases he can. It depends on whether the payment of the debt is characterized as support. Many divorce decrees specifically include payments of marital debts as support obligations to make it easier for the receiving spouse to prevent the paying spouse from discharging the debt. Even if yours does not, the bankruptcy judge can review the judgment to determine whether that is what was intended.

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