11 U.S.C. §523(a)(15)
In relevant part, §523(a)(15) provides:
A discharge under Section 727… of this title does not discharge an individual from any debt… to a spouse, former spouse or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a court of record.
A debt that is nondischargeable under this provision must (1) be to a spouse, former spouse or child of the debtor, (2) not be the type of debt described in §523(a)(5), and (3) be incurred in the course of a divorce or separation, or in relation to a separation agreement, divorce decree or court order. Section 523(a)(5) excepts from discharge debts “for a domestic support obligation.” A domestic support obligation is defined in 11 U.S.C. §101(14A) as a debt
“owed to or recoverable by a spouse, former spouse or child of the debtor… or a governmental unit in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child of the debtor… by reason of applicable provisions of a separation agreement, divorce decree, or property settlement agreement; an order of a court of record.”
Debts that are not support or maintenance but are, in fact, a division of property or debts between the two parties are not the type of debts described in §523 (a)(5). Johns v. Washburn (In re Washburn) (Bankr. N.D. Ga. 2010)
Court holding that the Divorce Orders contain Priority Debt
South Carolina Court Order discussing support and threatening sanctions.