Do I Still Have to Pay Alimony if I File for Bankruptcy in NYS?

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Alimony is among the most common post-divorce financial obligations. Often, when a couple gets divorced, the financially dependent spouse will require regular alimony payments to retain the standard of living established in their marriage. That said, alimony really isn’t meant to be a permanent financial agreement, and if you are the spouse who has to pay alimony and are incurring financial difficulties, especially those that may require you to file for bankruptcy, you may wonder whether you can discontinue making these payments to protect your own financial situation and future. Please continue reading and reach out to our experienced Nassau County alimony lawyer to learn more about whether you can stop paying alimony if you have to file for bankruptcy and how our firm can help you get your financial situation back on track.

Will I have to continue making alimony payments even if I file for bankruptcy?

When someone files for bankruptcy, there are two types of debt: dischargeable debt and non-dischargeable debt. Dischargeable debt, such as credit card debt, will most likely be wiped out by filing for bankruptcy. That said, non-dischargeable debt will most likely remain, and you will have to continue paying it off. Domestic obligations, such as alimony, are considered non-dischargeable debt, which means that even if you file for bankruptcy, you will still have to continue making alimony payments on schedule. If you don’t, you will most likely face various legal penalties.

You should note, however, that if you are dealing with a significant and unforeseen financial hardship, there is a chance that you may qualify for a modification to your alimony agreement. For example, if you can prove that you were recently laid off from your job due to no fault of your own, you may request a post-judgment modification to lower or eliminate alimony. That said, if you were fired from your job due to misconduct, or you simply quit your job because you’re tired of working there, you most likely won’t qualify for a modification. If you have any further questions or you need an attorney in your corner, give a competent Nassau County divorce lawyer from our firm a call today.


Barrows Levy PLLC is a dedicated New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you require a lawyer who has notable experience handling family and estate planning matters, we are available to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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