Search the Issue Archive

Volume20
Year2012
TitleNegotiating Support Agreements in Contemplation of Bankruptcy
Author(s)Jeffrey Myers
First Page75
AbstractSpousal and child support obligations receive special protection under the federal Bankruptcy Act. California law supplements federal law in protecting support agreements from bankruptcy. Despite these protections, however, one spouse may suffer serious financial consequences from the other spouse?s post-divorce bankruptcy. Bankruptcy law should be an important consideration in negotiating a marital settlement agreement. My object here is to identify the main elements of bankruptcy law that lawyers should consider in negotiating agreements for post-divorce support.