Can you file bankruptcy on a debt owed to ex-spouse?

[gemstone3]

What is the name of your state (only U.S. law? Idaho

My husband went through a long, drawn out divorce 10 years ago. The papers state that neither spouse needed "spousal support" so they awarded her a "equalization of community property" settlement that is paid out over 30 years. Monthly, it is 1/3 of his income of which we also have to pay income taxes on but she receives this tax-free. Needless to say, this creates a financial burden and there is 20 more years left on the note and us having to pay taxes on it plus giving her that money every month. It is now to the point where we may have to file bankruptcy. Can we file on this since it is not spousal support or community property but it is a part of a divorce settlement? My husband is also part owner of property/business. How would the bankruptcy impact that and can the ex go after that or garnish any wages from that?

[HomeGuru]

Originally Posted by gemstone3

What is the name of your state (only U.S. law? Idaho

My husband went through a long, drawn out divorce 10 years ago. The papers state that neither spouse needed "spousal support" so they awarded her a "equalization of community property" settlement that is paid out over 30 years. Monthly, it is 1/3 of his income of which we also have to pay income taxes on but she receives this tax-free. Needless to say, this creates a financial burden and there is 20 more years left on the note and us having to pay taxes on it plus giving her that money every month. It is now to the point where we may have to file bankruptcy. Can we file on this since it is not spousal support or community property but it is a part of a divorce settlement? My husband is also part owner of property/business. How would the bankruptcy impact that and can the ex go after that or garnish any wages from that?

**A: yes you can but expect the BK Trustee to not discharge the debt.