Can I still collect alimony if my ex goes bankrupt in New Jersey?

The divorce process is often stressful and contentious. However, if you enlist the help of our experienced Monmouth County divorce attorneys, we will try our best to make the process as efficient and stress-free as possible. If your ex recently went bankrupt, you may wonder whether you will continue receiving alimony payments. Don’t wait, call us today.

What happens if my ex goes bankrupt after our divorce?

Divorce is stressful enough as is, but hearing that your spouse is filing for bankruptcy while you’re going through your divorce or afterward is sure to cause a good deal of stress. When your ex files for bankruptcy, they may also implement what’s known as “automatic stay.” Automatic stay temporarily prevents organizations from collecting a debt. Unfortunately, this may extend to your divorce and, subsequently, their alimony payments. If you find yourself in this situation, you’ll want to have an experienced lawyer that you can trust to help you navigate these circumstances.

Will I still get alimony if my ex goes bankrupt?

If your ex decides to file for bankruptcy, you should ensure that you know some of the basic concepts surrounding bankruptcy. One rule that you should know is which debts are dischargeable and which aren’t. Your ex is likely to argue that their alimony payments should be discharged, so it should be reassuring to know that bankruptcy is generally non-dischargeable. Here are some other rules surrounding alimony that generally apply:

  • Alimony usually cannot be discharged
  • Child support usually cannot be discharged
  • Property settlements may be discharged depending on if the divorce judgment has been finalized

What happens if my ex refuses to pay alimony in New Jersey?

The divorce process can often be contentious and grueling, and sometimes the stress of divorce doesn’t even end once the process has concluded. One subject that tends to cause conflict is that of alimony payments. Divorce can substantially affect a person’s finances, which is why many people find it unfair that they’d have to make alimony payments. However, alimony is generally non-dischargeable, meaning it can’t be forgiven by the court. If you find yourself in a situation where your ex refuses to pay alimony, then your first recourse should be to talk to your ex. If this is impossible or doesn’t resolve the situation, then you should consult the help of an experienced attorney so they can walk you through your options. The courts have a variety of methods they can use to make sure your ex follows your alimony agreement, including implementing a series of fines and penalties.

CONTACT OUR EXPERIENCED NEW JERSEY FIRM

If you require strong legal representation for matters of divorce and family law in Rumson, Monmouth County, or anywhere in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.