This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
If you are dealing with serious debt and an upcoming or ongoing divorce, you may be wondering which step should come first. Filing for bankruptcy and ending a marriage are both life-changing events. When they happen at the same time, the legal process can feel even more confusing. That is why choosing the right path based on your situation is so important.
Fleysher Law Bankruptcy & Debt Attorneys helps Florida individuals and couples find real solutions to their financial problems. Whether you are planning to file jointly or are already going through the divorce process, our team will guide you through every step. We know how the bankruptcy court and divorce court work and how each can affect the other. We take time to review your full situation and give honest, simple advice.
Let us help you understand if you should file for bankruptcy before or after your divorce to protect your income, property, and future.
Money problems are one of the leading causes of divorce. When couples are overwhelmed by debt, it adds stress to the relationship. At the same time, going through a divorce can make it even harder to stay on top of bills. That is why bankruptcy and divorce often happen around the same time.
If you and your spouse are separating, you might also be struggling with credit card debt, medical bills, or past-due personal loans. These debts do not go away just because the marriage ends. The court may assign debts to one spouse, but if that person does not pay, creditors may still come after the other. That is why filing bankruptcy, before or after divorce, can help protect your finances and give you a better chance at a clean start.
Let’s look at the pros and cons of each option so you can decide what is right for your situation.
Some couples choose to file for bankruptcy together before going through the divorce process. This option can save time, lower costs, and reduce stress during the property division process. When both spouses are still legally married, filing a joint petition may give them better protection and help manage shared debts.
Filing bankruptcy after divorce is often a practical choice for people who cannot work with their ex or want to separate legal matters. Once the divorce process is over, you have a clearer picture of your personal income, expenses, and debts.
This helps you make the right choice between Chapter 7 or Chapter 13 bankruptcy without involving your former spouse.
When deciding between Chapter 7 and Chapter 13 bankruptcy, your financial situation, income, and goals play a big role. Chapter 7 is best for people who have very little income and want to erase most of their debt quickly. It’s also called liquidation bankruptcy, but many people keep their property thanks to exemptions.
Chapter 13, on the other hand, involves a repayment plan that lasts three to five years. It helps people keep property, like a home or car, by catching up on missed payments over time. This option is often better if you have regular income, more property to protect, or want to avoid foreclosure.
If you're part of a married couple, you’ll need to decide if filing together or separately makes more sense. Fleysher Law Bankruptcy & Debt Attorneys can help you choose the best time and chapter to file based on your needs and long-term plans.
When choosing whether to file bankruptcy before or after your divorce, it's important to look at your full situation. Ask yourself these questions to help guide your decision:
These answers can make a big difference in how and when you should move forward with filing bankruptcy.
When you file for bankruptcy during or after a divorce, it can change how some parts of your divorce agreement are handled. While the bankruptcy court cannot change support payments, it may impact how property and debts are treated.
Here are key areas where bankruptcy and divorce often overlap:
In most cases, the property division process is handled by the divorce court, not the bankruptcy court. However, if you file for bankruptcy while still dividing property, some of your assets may be considered part of the bankruptcy estate. This means the bankruptcy trustee may take certain items to pay creditors, especially if they are not protected by exemptions.
Filing bankruptcy first can help clear unsecured debts, which may make property division easier. Still, it’s important to understand that nonexempt property could be at risk depending on the type of bankruptcy you file.
Spousal support and child support are not dischargeable through bankruptcy. That means even if you file for bankruptcy, you will still need to pay any court-ordered support. These payments are treated as a priority under the bankruptcy code and cannot be wiped out like other debts.
Whether you file before or after the divorce, the obligation to pay support payments stays in place. If you're behind on payments, bankruptcy may help you set up a plan to catch up, especially in a Chapter 13 case.
Bankruptcy can change who is legally responsible for certain debts. If you file before the divorce, you and your spouse may be able to discharge joint debt together. If only one spouse files after the divorce, the other spouse might still be responsible for shared debts.
Creditors are not bound by divorce agreements, so they may still try to collect from either party. Filing bankruptcy at the right time may help avoid these serious consequences.
1. Should I file bankruptcy before or after divorce?
It depends on your situation. If you and your spouse can cooperate, filing together before the divorce may save on costs and simplify the process. If that is not possible, filing after the divorce might give you a clearer financial picture. Always ask a lawyer about when it is best based on your joint income, debt, and goals.
2. How does a divorce decree affect who pays the debt?
A divorce decree may assign debt to one spouse, but that doesn't stop creditors from collecting from the other. For example, if your ex was supposed to pay the credit card debt and didn’t, you could still be held responsible.
3. Can bankruptcy affect my divorce case?
Yes. Bankruptcy can affect property division, delay court dates, and freeze assets due to the automatic stay. The divorce effect on your finances also matters. Be sure to speak with both a divorce and bankruptcy attorney before filing either case.
4. Will bankruptcy delay my divorce?
It can. Bankruptcy cases may pause or slow down the divorce process, especially if you're filing jointly. Splitting property and debts at the same time can be time-consuming. Timing your filing may help avoid legal confusion.
5. Do bankruptcy exemption amounts change if I’m divorcing?
Yes. When you file jointly, you may get double the exemption amounts, which could protect more property. If you file alone after the divorce, the limits are lower.
If you are thinking about filing for bankruptcy and going through a divorce, it is important to understand how each step can impact your future. Fleysher Law Bankruptcy & Debt Attorneys offers honest advice and personalized support so you can make the right choice for your situation. We know how divorce affects bankruptcy filings and how timing can make a big difference. (866) 692-8012
Our team is here to help you figure out the best time to file, whether before or after your divorce. We will look at your finances, debts, and legal goals to guide you through the process with confidence. You do not have to face these decisions alone.
Contact us today at (866) 692-8012 to schedule a free consultation. We are ready to explain your options in plain language and help you take the next step toward a more stable financial future.
Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies.Â
He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.
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