Schwaiger v. Schwaiger (In Re Schwaiger)

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

Plaintiff Sheryle Schwaiger, now known as Sheryle Lynne Sheets, former wife of debtor Mark Schwaiger, filed this complaint under 11 U.S.C. § 523(a)(15) 1 to except from Mark’s discharge his marital property settlement obligation to pay her $400 per month for the rest of her life from his military pension as an equalization payment. Mark responds that, as a result of his straitened financial circumstances, Sheryle will be less burdened by discharging this obligation than he will be if he has to pay it. At trial, Sheryle appeared by her counsel…