Is alimony revoked if the payor declares bankruptcy?

In California, alimony or spousal support can be revoked if the payor declares bankruptcy. This is because when an individual files for bankruptcy, their assets and liabilities become part of the bankruptcy proceedings. Alimony payments are considered liabilities when it comes to bankruptcy proceedings and must be notified to the court. The court then has the authority to revoke the alimony arrangement and discharge the debt from the bankruptcy. However, if the payor is not able to discharge the alimony payments due to the fact that the agreement is pre-bankruptcy, then the alimony will remain in place. This means that the payor is still legally obligated to make their alimony payments, regardless of their bankruptcy filing. It is important to note that these payments may have to be restructured as part of the bankruptcy proceedings, which may include reducing the payment amounts due. In some cases, the court may view the alimony payments as dischargeable or non-dischargeable, meaning that the payor may be able to have the alimony payments discharged in the bankruptcy proceedings. This will depend on the circumstances and the amount of alimony that is owed. It is important to speak with a lawyer if you are considering declaring bankruptcy and worried about how the alimony payments will be handled.

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Is alimony revoked if the payor declares bankruptcy?

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