what are chances for alimony when both of us may have to declare bankruptcy

1. my income is 105K wages. Spouse’s income is 42K self-employed gross income. 2. Spouse wants the divorce and the 2 chapter 7 bankruptcies. 3. Spouse wants to walk away from upside down mortgage (owe 300K value of 270K) 4. I do not want ch13 or ch7. If anything I want ch13 only 5. I want to try to pay off main portion of debt using debt settlement company and try to keep the house until it is no longer upside down and then sell it and split proceeds. 6. Both children are adults and not a factor. Is alimony probable or just possible in this case?

Asked on June 10, 2009 under Family Law, Pennsylvania


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have way too much going on here and need to sit down (and I mean sit down) with an attorney.  If you make $105k per year, a consultation with a divorce attorney who is experienced in bankruptcy matters or a bankruptcy attorney who is experienced in divorce matters should not be a problem.

Why? Because if we were to give you a definitive answer, it would be tantamount to providing legal advice and we do not serve as your legal counsel.  We do not (believe or not) have sufficient information to fully address your question.  Though you may tell us the above are facts, we really do not know that. 

I can tell you though that some of the above factors may come into play to determine whether you pay alimony.  Now, you mention a debt settlement company? Make sure the company is licensed to do business as a debt adjuster in your state or is exempt from licensure.  To do so, contact the Pennsylvania Dept of Banking http://www.banking.state.pa.us/


Try www.attorneypages.com and check his or her record at the Pennsylvania State Bar. Hope this helps.

By the way, filing either type of bankruptcy will most likely impact your spouse, even if you file alone.


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