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Bankruptcy as an Option in Divorce

If you or your spouse do not have the resources to satisfy the marital debts either before or after your divorce, you and your spouse may wish to consider filing for bankruptcy.  Divorce-related bankruptcy is a very common and popular option when dealing with debt management.  Depending on your individual circumstances, if may be advisable to file for bankruptcy before you actually get divorced.  Of course, the other option is to file after you get divorced.  The timing of your divorce and your bankruptcy is a strategic decision that can have a real impact on your ability to keep your property and discharge your debts.  The bankruptcy laws are complicated and you and your divorce attorney should seek the advice of a bankruptcy professional as part of the divorce planning process.
Bankruptcy Has No Impact on Child Support and Alimony
Court ordered alimony and child support are non-dischargeable in bankruptcy court, so you don’t have to worry about losing your rights to those benefits if your ex-spouse files for bankruptcy protection.  Conversely, if you owe alimony and/or child support, you cannot discharge those debts by filing for bankruptcy.