When you’ve come to rely upon your alimony to survive financially, hearing that your ex may file bankruptcy is enough to make you go insane!!

You start to wonder, “what does that mean?”

If my ex goes bankrupt, will I still get alimony?

Simple answer, YES with conditions.

You see, there are exceptions under bankruptcy for child support and alimony.

Under California Bankruptcy 11 U.S. Code § 523(a)(5)-Exceptions to Discharge: (a) A discharge under section 727, 1141, 1192{[1] 1228(a),(b) or 1328(b) of this title does not discharge an individual debtor from any debt— (5) for a domestic support obligation.

Under this statute, your alimony is protected.

Just because they filed bankruptcy that doesn’t dismiss their obligation.

Also, if your ex is having their wage garnished for alimony payments, this will continue to be collected.

BUT, during the bankruptcy proceeding, the alimony collected may be stayed until the final discharge. This can delay your payments.

Keep in mind that filing bankruptcy may create a modification to the alimony but not always.

Understanding Bankruptcy laws can be tricky. If your ex tells you they’re filing bankruptcy, contact a family law attorney immediately to know your rights.


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