Can Bankruptcy Get Rid of Spousal Support Payments?

Falling behind on spousal support can feel suffocating. Job loss hits, medical bills pile up, or debt becomes unmanageable—suddenly, that monthly payment feels impossible to make. The stress weighs on you constantly, and you might wonder: could bankruptcy provide a way out?

At Gertz & Rosen, our team comprises both bankruptcy and family law attorneys with over four decades of combined experience, who understand how these complex legal areas intersect. While bankruptcy won’t erase spousal support obligations, it can provide breathing room and make payments more manageable. More importantly, there may be options in family court if your payments have become truly unaffordable.

Why Doesn’t Bankruptcy Erase Spousal Support?

Spousal support, like child support, is considered a “domestic support obligation.” Federal bankruptcy law specifically exempts these obligations from being discharged, meaning they cannot be eliminated through bankruptcy.

Courts prioritize support for dependents over debt relief. The reasoning is straightforward: your former spouse may depend on those payments for basic living expenses, housing, or other essential needs. Even when you’re struggling financially, the law views these obligations as non-negotiable.

What Debt Does Bankruptcy Actually Get Rid of?

Bankruptcy eliminates many types of unsecured debt, which can free up income for spousal support payments. Common dischargeable debts include:

• Credit card balances
• Medical bills
• Personal loans
• Certain business debts
• Some older tax obligations

Chapter 7 bankruptcy provides a quick discharge of eligible debts, typically within 3 to 4 months. Chapter 13 bankruptcy creates a 3-5 year repayment plan that can significantly reduce what you owe on dischargeable debts.

If Bankruptcy Doesn’t Erase Spousal Support, How Can It Help Me?

Bankruptcy reduces financial pressure by removing or restructuring non-support debts. This creates more room in your budget for court-ordered payments.

Chapter 13 bankruptcy offers a particularly useful tool: it can help you catch up on missed spousal support payments through a structured repayment plan. While you’ll still owe the full amount, you can spread past-due payments over several years alongside your current obligations.

Additionally, the automatic stay that comes with bankruptcy filing immediately stops:

• Creditor harassment calls
• Wage garnishments (except for support payments)
• Collection lawsuits
• Foreclosure proceedings

This breathing room allows you to focus on meeting your support obligations without juggling multiple financial crises simultaneously.

What Are My Options If I Truly Can’t Afford Spousal Support?

Only the family court—not the bankruptcy court—can change or lower spousal support payments. If your financial circumstances have genuinely changed, you can file a motion for modification with the family court.

A successful modification requires proving a substantial change in circumstances, such as:

• Job loss or significant income reduction
• A disability that affects your earning capacity
• Major medical expenses
• Changes in your former spouse’s financial situation

The modification process involves filing paperwork, serving your former spouse, and presenting evidence to the court. Success isn’t guaranteed, but it’s often the real path forward when support payments have become unsustainable.

Don’t let pride or fear stop you from seeking help. Courts understand that circumstances change, and modification exists specifically for situations like yours.

Should I Talk to a Bankruptcy Lawyer or a Family Law Lawyer?

The answer depends on your specific situation—and sometimes you need both. Bankruptcy attorneys help discharge other debts to free up income for support payments. Family law attorneys handle support modifications and other domestic relations issues.

Many complex situations benefit from consulting with both types of lawyers. For instance:

• If you’re behind on both spousal support and credit cards, bankruptcy might eliminate the credit card debt, while the family court addresses the support modification
• If you’re facing wage garnishment for multiple debts, as well as support arrears, coordinated legal strategies often work best.

Remember: struggling doesn’t mean failure. Many people go through exactly what you’re experiencing and find relief with proper legal guidance.

Let Us Help You Find a Way Forward

Bankruptcy won’t erase spousal support, but it can ease your financial strain by eliminating other debts. If support payments themselves have become unmanageable, seeking a modification through the family court may provide the relief you need.

The key is taking action rather than hoping the situation improves on its own. Contact Gertz & Rosen today for a consultation. We handle both bankruptcy and family law matters, giving us unique insight into how these areas overlap. We can evaluate your complete financial picture and recommend the most effective approach for you.