Can filing for bankruptcy get rid of my marital debt?

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Can filing for bankruptcy get rid of my marital debt?

I am in the process of divorcing and will be taking on half the marital debt. I have no means to pay this debt and wanted to see if filing would release me from it.

Asked on August 27, 2011 North Carolina

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

That depends on what chapter you file and whether the marital debt was ordered by the family law court in the nature of alimony/support, or as part of the property settlement/marital equalization.   If the former, it is not dischargeable in any bankruptcy case.  If the latter, it may be dischargeable in a Chapter 13 case.   The debt is owed to your (ex) spouse. 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

That depends on what chapter you file and whether the marital debt was ordered by the family law court in the nature of alimony/support, or as part of the property settlement/marital equalization.   If the former, it is not dischargeable in any bankruptcy case.  If the latter, it may be dischargeable in a Chapter 13 case.   The debt is owed to your (ex) spouse. 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr


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