Alimony payments are a sore spot for many couples going through a divorce. One party often feels wronged by having to pay it while the other needs it to survive. This conflict is only further exacerbated when your ex has gone bankrupt. If you’ve found yourself in this situation, don’t hesitate to call our Shelby County, Tennessee divorce lawyer to learn more about what happens when the person who pays alimony goes bankrupt.
Can I still receive alimony if my ex has gone bankrupt during our divorce?
Alimony payments tend to be contentious for many couples going through a divorce, mainly because the spouse being told to pay alimony feels like it’s unfair. However, if the court has determined that an individual is to receive alimony payments from their ex, then it’s because they need the money to support themselves. Because of this, alimony is considered non-dischargeable, meaning that it can’t be forgiven by filing for bankruptcy. If your ex has filed for bankruptcy, then it’s possible they may try to get out of your alimony agreement. Fortunately for you, alimony is a debt that must be paid, regardless of bankruptcy.
What happens if my ex refuses to pay alimony in Tennessee?
It’s not uncommon for an ex to try and evade an alimony agreement. If you find yourself in this situation, then it should be reassuring to know that there are numerous ways in which the court can enforce your alimony agreement. Under these circumstances, you should return to the judge and explain your situation. From there, you can ask that they enforce the alimony agreement, which will lead them to hold a hearing so that they can determine why your ex isn’t making their alimony payments. The ways in which the judge may punish your ex include:
- Income withholding
- Writ of execution
- Judgment and interest
If you find yourself in this situation, make sure to call our Shelby County, Tennessee family lawyers so that we can walk you through your options.
What does a court take into consideration when determining alimony in Tennessee?
The court determines alimony based on a variety of factors. They will consider the needs and resources of either spouse and then award alimony after consulting a set of standards. These standards include:
- Duration of the marriage
- The physical and psychological conditions of both parties
- The assets both parties have
- Tax consequences
- The standard of living during the marriage
- Whichever other factors the court deems appropriate
CONTACT OUR EXPERIENCED TENNESSEE FIRM
If you require strong legal representation for matters of divorce and family law in Memphis or anywhere in Tennessee, contact Rice Law to schedule a consultation with one of our experienced attorneys today.