In Missouri, whether you will continue to receive alimony (also called spousal maintenance or spousal support) if your ex-spouse goes bankrupt depends on several factors:
- Type of bankruptcy: If your ex-spouse files for Chapter 7 bankruptcy, any outstanding alimony arrears (past-due payments) cannot be discharged (eliminated) through the bankruptcy. However, future alimony payments may be dischargeable.
- Nature of the alimony award: If the alimony was awarded as part of a property settlement agreement in your divorce, it is considered a non-dischargeable debt in bankruptcy. This means your ex-spouse will still be obligated to pay it even after bankruptcy.
- Duration of the alimony: In Missouri, if the alimony obligation is for a specific amount of time (temporary or rehabilitative alimony), it may be dischargeable in bankruptcy. However, if it is permanent/periodic alimony with no end date, it is generally treated as non-dischargeable domestic support obligation.
- Automatic stay: When your ex files for bankruptcy, an automatic stay goes into effect, preventing creditors from attempting to collect debts. However, you can request the bankruptcy court to lift the stay and allow you to continue receiving alimony payments.
It’s important to note that bankruptcy laws are complex, and the specifics of your case will determine whether your alimony payments will be affected. If your ex-spouse files for bankruptcy, it’s advisable to consult with a local bankruptcy attorney to understand your rights and options regarding the continuation of your alimony payments.
At Raza Family Law Solutions, we practice family law effectively guiding clients through prenuptial and post nuptial agreements, dissolution of marriage, modifications of prior judgments, and resolving child custody disputes. We also help families take a different approach to divorce with mediation and collaborative work. Contact us for a consultation at (314) 408-5957.
