Is alimony revoked if the payor declares bankruptcy?

In North Carolina, alimony can be revoked if the payor declares bankruptcy. Bankruptcy does not automatically revoke an alimony order, but it does provide the person responsible for making alimony payments with a legal basis to seek to have the obligation removed. In bankruptcy proceedings, alimony payments may be viewed as a debt and may be discharged in a bankruptcy filing. This means that if the payor declares bankruptcy, they may be able to have the responsibility of the alimony payments removed. However, the recipient of the alimony payments can also take steps to make sure their payments remain in place. The recipient may make a motion to the court that the bankruptcy filing does not discharge the alimony debt. The court then considers whether the alimony payments are necessary for the recipient to support themselves and maintain their standard of living. The court must also consider other factors, such as the length of the alimony agreement and the financial contributions each party has made. If the bankruptcy court decides that the alimony payments should remain in place, then the payor must still make the payments even after bankruptcy. In North Carolina, the court is expected to make a decision about alimony and bankruptcy cases on an individual basis. It is important to note that alimony in North Carolina is modifiable, meaning that the court may modify the amount and length of alimony payments if the circumstances of either party changes.

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Is alimony revoked if the payor declares bankruptcy?

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