ARTICLES

Maintenance and Bankruptcy

Generally speaking, although payments that are part of a property settlement may be discharged in bankruptcy, maintenance obligations usually are not dischargeable in bankruptcy.¹ Even maintenance payments required by a prenuptial or postnuptial agreement may be protected from a discharge in bankruptcy.² The real problem comes in convincing the bankruptcy court that what you and your spouse call "maintenance" really is maintenance and not just a property settlement in disguise.³

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