If you're considering filing for bankruptcy in Mississippi and currently paying spousal support, you may be wondering if this financial obligation can be discharged. At J. Madison Brooks III, Attorney at Law, we help individuals in Greenville and throughout Mississippi understand how bankruptcy may or may not affect their domestic support obligations.

Bankruptcy and Spousal Support: What You Need to Know

Spousal support, also known as alimony, is considered a domestic support obligation under federal bankruptcy law. This classification plays a critical role in how it is treated during bankruptcy proceedings. Whether you file for Chapter 7 or Chapter 13 bankruptcy, spousal support is not dischargeable. In other words, you cannot use bankruptcy to eliminate your alimony payments.

Why Spousal Support Cannot Be Discharged

The U.S. Bankruptcy Code treats spousal and child support differently than other types of debt. Domestic support obligations are given priority status because they are considered essential to the financial well-being of the former spouse or children. Bankruptcy is designed to offer relief to the debtor—but not at the expense of dependents.

How Bankruptcy May Affect Your Payments

Although bankruptcy will not erase your spousal support obligations, it can still provide financial relief in other ways. For example:

• Chapter 7 may discharge other debts, freeing up income that can go toward spousal support.
• Chapter 13 allows you to catch up on past-due spousal support over a structured payment plan (usually 3 to 5 years), but ongoing payments must remain current.

It’s important to remember that falling behind on alimony payments—even during bankruptcy—can have legal consequences, including wage garnishment or contempt of court.

Protect Your Interests With Legal Guidance

Navigating bankruptcy while managing a spousal support order can be overwhelming. At J. Madison Brooks III, Attorney at Law, we provide trusted legal assistance to individuals in Greenville, Mississippi, who are facing financial hardship. We can help you understand your rights, explore your options, and create a strategy that fits your circumstances.