Ways to Protect My Support and Alimony Payments

While alimony and support obligations are not legally dischargeable, cash payments on debts securing property in a settlement agreement may be cancelled. There is no foolproof way to protect yourself but there are a couple of things you could do that may help you.

• Should your ex-spouse own property (real estate or other personal property) after the divorce, file a security lien, if possible, on the property in question. If the bankruptcy court allows a debt to be discharged, you may be able to exercise your lien and seize the property you have secured.
  
• Request an indemnity agreement be included in your final divorce decree. While not as strong as a valid lien, should your ex-spouse convince a bankruptcy court to discharge a marital debt and you are then the target of the creditor’s collection activity, you could petition the bankruptcy court judge to enforce your indemnity agreement. This may force your ex-spouse to reimburse you for any monies you are forced to give to the creditor.
  

Your alimony and/or support payments should remain protected regardless of bankruptcy court decisions on other matters.