If my wife filed bankruptcy, does that affect the alimony she receives from me?

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If my wife filed bankruptcy, does that affect the alimony she receives from me?

Asked on July 18, 2011 under Family Law, New Jersey

Answers:

Kenneth A. White / THE LAW OFFICES OF SHANE AND WHITE, LLC

Answered 10 years ago | Contributor

To provide a specific answer more details would be necessary.  Based on the limited information, I note that an ex-spouses filing of Bankruptcy would generally not impact a payor ex-spouses court ordered obligation to forward alimony.  An exception would be if part of the alimony award was based on your ex-spouse having substantial debt to satisfy at the time the alimony award was set, and she has subsequently relieved herself of such debt by filing Bankruptcy.  In general, in order to secure relief from a support obligation you must be able to establish that a significant, permanent change of circumstances has occured since the time that support award had originally been set.

Kenneth A. White / THE LAW OFFICES OF SHANE AND WHITE, LLC

Answered 10 years ago | Contributor

To provide a specific answer more details would be necessary.  Based on the limited information, I note that an ex-spouses filing of Bankruptcy would generally not impact a payor ex-spouses court ordered obligation to forward alimony.  An exception would be if part of the alimony award was based on your ex-spouse having substantial debt to satisfy at the time the alimony award was set, and she has subsequently relieved herself of such debt by filing Bankruptcy.  In general, in order to secure relief from a support obligation you must be able to establish that a significant, permanent change of circumstances has occured since the time that support award had originally been set.


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