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Bankruptcy Law - Questions & Answers

Is alimony dischargeable?

Alimony, maintenance and child support payments generally are not dischargeable. A few technical exceptions exist. In addition, the Bankruptcy Code provides that certain other divorce related obligations, such as payments to others, hold harmless provisions and property settlement obligations are not dischargeable if the debtor has the ability to pay them and the detriment to the spouse outweighs the benefit of the discharge to the debtor. In order to take advantage of these provisions, the spouse must obtain an order from the bankruptcy court declaring the debt nondischargeable.

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