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)