How will my ex-husband’s Chapter 7 bankruptcy filing affect the back alimony payments that he owes me?

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How will my ex-husband’s Chapter 7 bankruptcy filing affect the back alimony payments that he owes me?

My ex-husband is required to pay me lifetime alimony. He is currently 3 months behind. He filed for Chapter 7 bankruptcy months ago. How will that affect my alimony?

Asked on June 2, 2012 under Family Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your ex-husband filing Chapter 7 bankruptcy will not affect your alimony payments.  Alimony is not dischargeable in bankruptcy.  Not all debts are dischargeable in bankruptcy.  If your ex-husband does not comply with court orders to pay alimony, he will be subject to civil or criminal penalties.  You can seek enforcement in court of the provisions in your divorce decree including the alimony payments.


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