CAN I DISCHARGE DEBTS TO A FORMER SPOUSE IN BANKRUPTCY?
Certain debts to a spouse or former spouse may be discharged in a bankruptcy. However, the rules are quite complicated and you should carefully discuss the debts with a knowledgeable attorney.
Certain debts to a spouse or former spouse cannot be discharged in bankruptcy under the recent bankruptcy changes. These include debts closely related to the support or maintenance of a spouse or children, including child support and spousal maintenance.
Other debts, usually debts to even out or equalize a property division in a divorce, may be dischargeable, but only in a Chapter 13 Bankruptcy.
Occasionally these distinctions can be significantly blurred. If payments to a former spouse are not clearly designated as either maintenance or equalization of property, the fight avoided in the divorce case may re-erupt in a non-dischargeability action in the subsequently filed bankruptcy case.