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Divorce and Bankruptcy

Learn about the relationship between bankruptcy and divorce and how one can impact your options in the other.

Marital problems and money problems often go hand-in-hand. The financial strain of going through a divorce is one of the most common reasons why people seek out bankruptcy relief. Learn more about the interplay between divorce and bankruptcy and what to look out for when deciding the best course of action - and its timing - for you and your family.

This page is your hub for learning about how divorce and bankruptcy affect each other.

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What You Need To Know About Divorce and Bankruptcy

Written by Ben JacksonLegally reviewed by Attorney Paige Hooper
Updated August 21, 2025

Bankruptcy and divorce often go hand in hand, and the order in which you file them can affect your debts, your property, and the legal process. Filing bankruptcy before, during, or after divorce changes what property you can protect and whether you’ll need to work with your spouse on bankruptcy paperwork. Chapter 7 offers a faster fresh start, while Chapter 13 can help repay certain debts over time, including some from a divorce. Knowing how these processes interact can help you avoid delays, protect assets, and make a smoother transition.

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What You Need To Know About Chapter 13 and Divorce

Written by Attorney Paige HooperLegally reviewed by Jonathan Petts
Updated August 13, 2025

People who have secured debts like a mortgage or car loan can file Chapter 13 to catch up on past payments and keep their property. If you’re getting divorced and you plan to file Chapter 13, you’ll want to consider the timing of your bankruptcy filing. Many people find that it's best to file Chapter 13 after their divorce is final. This article explains the pros and cons of filing before, during, or after a divorce.

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