Are unpaid alimony payments dischargeable in bankruptcy?

In Delaware, unpaid alimony payments are generally not dischargeable in bankruptcy. Alimony is meant to provide financial support to an ex-spouse, and the court will use different criteria to determine if alimony should be paid or not. When a debtor files for bankruptcy, the court will review the alimony agreement to decide if it is a debt that should be discharged. In many cases, the court will not discharge the debt if it is established that the debtor has the ability to pay the alimony. The court will also look at the debtor’s circumstances and determine if it would be in the best interest of the debtor and the ex-spouse to discharge the debt. Delaware courts do allow for unpaid alimony payments to be discharged in bankruptcy, but only in certain situations. If it is determined that the alimony is in the best interest of the parties, the court may allow for a discharge of the debt. The court will also consider the length of the relationship, the earning capacity of both parties, and other factors before deciding whether or not to discharge the debt. The court will also want to ensure that the ex-spouse is not left without financial support after the discharge of the alimony payments. Ultimately, when it comes to unpaid alimony payments in Delaware, it is up to the court to decide if they should be discharged in bankruptcy.

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