How courts have interpreted the phrases 'ability to pay' and 'outweighs the detrimental consequences' under 11 U.S.C. s. 523(a)(15)(A) and (B) of the Bankruptcy Code in cases involving non-dischargeable divorce obligations.

The Bankruptcy Code makes most debt dischargeable under 11 USC 523(a)(15)(A) and (B) except for certain obligations arising from divorce settlements, including child support, maintenance and alimony pursuant to section 523(a)(5). Section 523(a)(15)(A) also allows a debtor to not pay support, maintenance and alimony if debtors will suffer more than their creditors will benefit from payments. Debt owed to one ex-spouse by another may be dischargeable if the debt reflects a typical debitor/creditor transaction and does not arise from the marriage relationship.