Is alimony revoked if the payor declares bankruptcy?

In Delaware, alimony payments may be revoked if the payor declares bankruptcy. This is because alimony awards are considered to be part of the payor’s debts, and debts can be discharged in bankruptcy. However, there are some exceptions to this rule. For example, if there is a court order requiring alimony payments and those payments are more than two years overdue prior to filing for bankruptcy, the obligation may not be extinguished. Additionally, alimony payments may not be revoked if the payor files for Chapter 13 bankruptcy. In Delaware, alimony payments can also be reduced under certain circumstances. For example, if the payor can demonstrate that their income has decreased significantly and that they are experiencing financial hardship, they may be able to petition the court to reduce their alimony payments. The court will consider both the payor’s and the recipient’s incomes when determining whether or not a reduction should be granted. It is also important to note that alimony orders are subject to modification based on certain circumstances, such as a change in income or the death of either of the parties. Additionally, if the payor successfully completes a rehabilitation order, the court may reduce or terminate alimony payments. Finally, in certain cases, the court may also terminate alimony payments if the recipient remarries.

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