Are unpaid alimony payments dischargeable in bankruptcy?

In California, unpaid alimony payments may be dischargeable in bankruptcy, depending on the type of bankruptcy you file for. If you file for Chapter 7 bankruptcy, you may be able to discharge alimony payments if the payments are set forth in a court order that is more than one year old. However, if you file for Chapter 13 bankruptcy, which is a form of restructuring payments, alimony payments may be discharged only if they are more than three years old and if they were set forth in an agreement that was approved by the bankruptcy court as part of the payment restructuring plan. Therefore, it is important to understand the type of bankruptcy you intend to file for when considering whether or not unpaid alimony payments can be discharged. Additionally, alimony payments that are not yet due, such as those that are retroactive or accrued, are generally not dischargeable in bankruptcy. Furthermore, you should consult with a knowledgeable and experienced attorney regarding your specific situation to determine the best course of action for discharging alimony payments that are unpaid, as it may take longer to do so depending on the facts of your case.

Related FAQs

Is alimony awarded based on the length of the marriage?
Can a court order a lump sum alimony payment?
Is alimony based on need or fault?
Is alimony income taxable?
Is alimony awarded in divorce proceedings involving military personnel?
What are the tax implications of alimony?
Does alimony terminate if the payor remarries?
Can a court award alimony to a spouse who has committed adultery?
What are the factors that are considered when awarding alimony?
Are alimony payments deductible for both spouses in some states?

Are unpaid alimony payments dischargeable in bankruptcy?

Related FAQs

Related Blog Posts