When couples get divorced, one spouse will often receive alimony to help them retain their standard of living. For many, alimony is really a godsend, as it keeps them financially afloat until they’re capable of becoming financially independent. That said, if your ex pays alimony and is now looking to discontinue it because he or she recently went bankrupt, you’re most likely very worried about your future. Please continue reading and reach out to an experienced Bergen County alimony attorney from McNerney & McAuliffe to learn more about what the future may hold and how our firm can look out for your well-being. Here are some of the questions you may have:
Can my ex discontinue alimony payments after going bankrupt?
To start, the first thing you need to understand is that when a person files for bankruptcy, there are dischargeable and non-dischargeable debts. Dischargeable debts, such as credit card debt, may be discharged, or wiped away when the bankruptcy process is complete. On the other hand, non-dischargeable debts cannot be wiped away, and the individual will have to continue paying them. In most cases, domestic support obligations, such as alimony or child support, are considered non-dischargeable debts. Therefore, if your spouse goes bankrupt, he or she will likely have to continue paying alimony in spite of it.
What are some scenarios that may warrant the discontinuation of alimony in New Jersey?
Though bankruptcy is often not an excuse to stop making regular alimony payments, there are various grounds on which an individual may terminate, or at least modify, an alimony agreement. For example, if you receive alimony and got a higher-paying job or even won the lottery, you likely won’t require alimony any longer to stay financially afloat. Additionally, if you recently remarried, there is a strong chance that you no longer qualify for alimony payments. You should also note that if your spouse has a costly medical issue that will dry up a good portion of his or her funds, he or she may also request a modification to or termination of your alimony agreement.
The bottom line is that there is a wide range of circumstances that may impact an alimony agreement, and though bankruptcy typically is not one of them, it’s always best to first speak with a competent Bergen County family law attorney who can assess your situation and determine whether you have a path forward. Give McNerney & McAullife a call today so we can get started working on your case.
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If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, contact McNerney & McAuliffe today.