Divorce and Bankruptcy in Florida

In Florida, when couples divorce they often seek alimony. The economic situation is now leading to bankruptcy as a common divorce issue. If the filing former spouse has an alimony obligation, the question becomes, is that obligation dischargeable in the bankruptcy? Dischargeable bankruptcy debts are outline in United States Code, Title 11, Chapter 13. The old version of the law stated that the alimony obligation was not dischargeable unless the payor did not have the ability to pay the debt and the discharge benefit to the payor out-weighed the harm to the spouse receiving the alimony. That is not the case anymore in Florida. The new section maintains that debts such as alimony to a former spouse or spouse on a temporary basis in the course of a divorce cannot be discharged at all. So this means that if you have an alimony obligation or are receiving alimony, the alimony obligation cannot be discharged in a bankruptcy action. These issues can be extremely complicated and obtaining a family law attorney would be beneficial.

Written by Whitney R. Lonker
Wood, Atter & Wolf, P.A.

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