Choosing to end your marriage is likely to be one of the more difficult decisions you will ever make. If you and your soon-to-be ex-spouse have considerable debt, the decision is apt to be even more stressful. Fortunately, a bankruptcy filing may allow you to focus on your personal life without worrying about crippling debt.
If you are thinking about divorcing your partner, you may be looking forward to your financial future. You should realize, though, that not all debts are dischargeable in bankruptcy. That is, even after your bankruptcy concludes, you may have to continue to pay certain types of debt. Here are some common debts not easily discharged in bankruptcy:
Spousal and child support
Usually, alimony and child support obligations are not dischargeable during the bankruptcy process. As such, you may want to consider filing for bankruptcy before divorcing your spouse. Doing so may give you a realistic idea of your financial standing, allowing you to strategize for either paying or receiving spousal or child support.
While it is not impossible to discharge student loans in a bankruptcy filing, it is difficult. If you can prove that paying your student loans is likely to cause undue hardship for you or your dependents, however, a bankruptcy judge may relieve you of your repayment obligations. Alternatively, he or she may reduce the amount you owe.
Often, individuals owe money to the Internal Revenue Service. Unfortunately, if you owe money to a government agency, such as the IRS, you probably have to pay it. Nevertheless, there are options for discharging tax debt, but you have to meet specific and strict requirements.
While you may not be able to discharge all your debts in your bankruptcy filing, you very well may free up funds to meet your financial obligations. Regardless, you should realize how bankruptcy may affect your budget to better plan for your post-divorce financial future.