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I am filling out the dissolution paperwork for Ohio and I see the following two options:

  1. "The court will retain jurisdiction to enforce payment of debt obligations, in the event a party files bankruptcy, including, but not limited to, the ability to determine the debt assigned is in the nature of Maintenance, necessity or support and is therefore non dischargeable in bankruptcy, and/or making a future spousal support order, regardless of the spousal support order set forth below under FOURTH: SPOUSAL SUPPORT."

  2. "Nothing in this order shall prevent the plaintiff and defendant from being fully discharged from the debts allocated in this order in a bankruptcy proceeding except for any orders expressly for spousal support ann the following debts."

What do these two options mean? What are the pros and cons of each?

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    This is really something that you should probably get a lawyer for. We are random folks on the internet, who won't be able to interpret those options as they are relevant to your situation.
    – Zizouz212
    Commented Sep 13, 2017 at 0:30

1 Answer 1

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Option one does two things although it is subtle.

  1. It means that if there is a dispute about classification of a right for bankruptcy purposes that the divorce court and not the bankruptcy court should resolve it.

  2. It allows the divorce court to change the alimony award in the future.

Option two leaves classification to a bankruptcy court without going back to divorce court and eliminates the ability of the court to change alimony awards based upon future circumstances.

Usually, option one would be better for someone who might end up receiving alimony and option two would be better for someone who might end up paying alimony.

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