How to Discharge Divorce Debt in Bankruptcy: What You Can and Can’t Eliminate

Divorce can do more than end a marriage—it can leave you with a mountain of debt. Many individuals exit a divorce not only emotionally drained but also financially overburdened. If you’ve been left responsible for joint credit card balances, car loans, or even promises to pay your ex-spouse part of the home’s equity, you may be wondering: Can I discharge divorce debt in bankruptcy?

The short answer is: it depends. Bankruptcy can sometimes help, but only under specific circumstances—and only if you choose the right type of bankruptcy. This post breaks down what you can and can’t discharge, and how Chapter 13 bankruptcy may offer a fresh financial start.

Understanding Divorce Debt in Bankruptcy

When it comes to bankruptcy, not all divorce-related debt is treated equally. Federal bankruptcy law makes a critical distinction between support obligations and property division debts. This difference determines whether a debt can be wiped out—or if it follows you even after bankruptcy.

1. Support Obligations (Not Dischargeable)

Support obligations are considered domestic support obligations, and they include:

• Child support
• Alimony
• Spousal maintenance

Under both Chapter 7 and Chapter 13, these debts cannot be discharged. Bankruptcy courts consider them essential to the well-being of your former spouse or children, so they are protected from discharge in every case.

If your divorce judgment or separation agreement says you’re required to pay support, that debt will remain even after you file for bankruptcy.

2. Property Division Debts (Possibly Dischargeable)

These are financial obligations that arise not from support, but from how you and your former spouse split up assets and liabilities. Common examples include:

• Agreeing to pay off a joint credit card
• Taking on the car loan in exchange for keeping the vehicle
• Promising to pay your ex-spouse a lump sum or share of home equity

These debts may feel just as burdensome as support payments—but they’re treated differently in bankruptcy.

• Under Chapter 7, these debts cannot be discharged.
• Under Chapter 13, however, there is a possible path to eliminate them entirely—as long as certain requirements are met.

Why Chapter 13 Bankruptcy Can Help

If you’re struggling with divorce-related debt, Chapter 13 bankruptcy may be your best option. Unlike Chapter 7, which simply liquidates assets to pay creditors, Chapter 13 allows you to restructure your debts into a manageable three- to five-year repayment plan.

But here’s where Chapter 13 gets powerful:
Under 11 U.S.C. § 1328(a)(2), certain non-support divorce debts (like property division obligations) can be discharged once the repayment plan is completed.

To qualify for discharge under Chapter 13:

• The debt must not be classified as child support or alimony.
• You must complete the full repayment plan.
• The filing must be in good faith, with full disclosure of debts and assets.

This provision is designed to give honest debtors a second chance—not to escape child support, but to avoid being punished forever by a divorce decree.

Real-Life Example: When Chapter 13 Makes a Difference

Let’s say “Mike” agreed during his divorce to pay $25,000 in joint credit card debt while his ex-wife kept the house. On paper, this is a property division obligation—not support.

• If Mike files for Chapter 7 bankruptcy, that $25,000 obligation sticks with him. Chapter 7 offers no relief for property division debts.
• If Mike files for Chapter 13, proposes a reasonable repayment plan, and successfully completes it, that $25,000 can be discharged. He no longer owes it—and can begin to rebuild financially.

This distinction can mean everything for someone trying to get back on their feet.

Why Property Division Debts Feel So Unfair

Many people agree to take on extra financial obligations during divorce to protect their children, preserve credit scores, or simply avoid a court fight. You might have taken on more debt out of love, responsibility, or guilt. But after the ink dries, you’re left with payments you may no longer be able to afford.

Bankruptcy law recognizes that reality. While it protects necessary support payments, it also offers Chapter 13 as a way to discharge divorce debt that falls into the property division category. It’s not a loophole—it’s a lifeline for people overwhelmed by commitments made during a difficult time.

The Bottom Line

If you’re struggling to keep up with financial obligations from a divorce, don’t assume there’s no way out. You cannot discharge alimony or child support in any form of bankruptcy—but if you’ve been ordered to pay off shared debts or make payments as part of a property settlement, Chapter 13 bankruptcy may provide relief.

The key is understanding the difference between support and property division, and working with a legal team that can help you navigate the nuances of bankruptcy law.

Need Help Discharging Divorce Debt in Bankruptcy?

At Van Horn Law Group, we specialize in helping individuals across Florida manage debt, rebuild their financial lives, and move forward with confidence. If you’re dealing with the financial fallout of a divorce, you’re not alone—and you have options.

Our team can review your situation, explain your rights, and help you determine whether Chapter 13 bankruptcy is the right solution. We offer free consultations, and we’re here to guide you every step of the way.

Contact Van Horn Law Group today to learn how to discharge divorce debt in bankruptcy—and start fresh.