Reserving Alimony for Debts

If your spouse is going to pay off joint debts or debts in your name, there’s a simple step you can take that may help you if your spouse later bails on you or files bankruptcy.

If your spouse promises to pay your debts (or joint debts) in the divorce, that’s only binding between you and your spouse. If your spouse doesn’t pay, the lender can still come looking for you. One way to give yourself a little protection is to reserve alimony  in your divorce agreement. That way, if your spouse bails out or files bankruptcy, you can then ask the court to order alimony to compensate you for your loss. There’s certainly no assurance that it will work, but it gives you at least a chance to get some protection.

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