Is alimony revoked if the payor declares bankruptcy?
Alimony, or spousal support, is a court-ordered payment made from one spouse to another, typically during or after a divorce. In Maryland, alimony is generally awarded in marriages lasting more than 10 years. When it comes to alimony and bankruptcy, the process in Maryland is complicated. Generally, alimony is treated differently than other debts during bankruptcy proceedings. Specifically, the payor of alimony cannot use bankruptcy to avoid paying alimony. This means that the payor is still obligated to make alimony payments after declaring bankruptcy, even if they are not able to discharge other debts through bankruptcy. However, in some cases, the payor may be able to have their alimony payments reduced or even canceled when filing for bankruptcy. This is done through a court hearing, during which the payor makes the argument that they cannot afford the alimony payments as a result of their bankruptcy. If the court finds that the payor is in fact unable to make the alimony payments due to bankruptcy, they may reduce or cancel the payments. Ultimately, declaring bankruptcy does not automatically revoke the responsibility to make alimony payments. However, in some cases, it is possible to have alimony payments reduced or canceled as a result of bankruptcy.
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