Divorce and Bankruptcy
Letter to “Ask Leon”
I am currently in divorce proceedings, we don’t have any assets together but we do have a substantial amount of debt. Our marital debt is summed to be $90,000. I am being advised that my spouse and I should file bankruptcy jointly because we will not be able to pay off our debt. My spouse has decided to hold off on filing to hold off our divorce. The only thing holding up our divorce is the marital debt situation. 75% off the debt is my spouse’s from medical bills. I am being told that if we don’t file bankruptcy jointly prior to our divorce, I can be liable for 60% of the debt (My income is greater than his). If I proceed with my divorce without filing for bankruptcy jointly and it is deemed by a judge that the debt is in the divorce settlement, can I file for the bankruptcy myself to wipe out this debt or am I still liable because it is a court appointed debt? Will my spouse be able to file for bankruptcy once the divorce is settled and have it wiped out on his end, because it is his debt?
You can file your own individual bankruptcy case right now, on your own, (assuming you are otherwise eligible). You don’t have to file jointly with your husband, and you don’t have to wait for the divorce. Delaying this to talk your husband into a joint filing makes no sense to me, because your husband has shown that he is uncooperative and has a different agenda. You’re getting divorced anyway, so I would stop worrying about what he wants, and get on with my own life.