Divorce

Understand how bankruptcy affects divorce and find answers to other questions and concerns you have.

Does Bankruptcy Affect Alimony?

You will still be obligated to pay alimony if you file for bankruptcy. Alimony is not a dischargeable debt.

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I am planning to get married soon after I file. Will my bankruptcy affect my spouse?

Usually your individual bankruptcy will not affect your new spouse. If you are filing for a Chapter 7, is can be helpful to wait until after you receive your discharge to get married just in case.

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I'm married. Will filing for Chapter 7 bankruptcy affect my spouse?

If you’re filing for Chapter 7 bankruptcy and your spouse is not, you may be wondering whether they are going to be affected. The short answer is that if your debts are separate, their credit will not be impacted.

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What is Community Debt?

"Community Debt" is: - any debt that you or your spouse acquired *__while married__* or - any debt for which you and your spouse are co-signers

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Why is my spouse's financial info needed if I'm filing by myself?

The court requires your spouse's income because it needs a full financial picture of your family.  

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If I'm a widow, do I need to list my deceased spouse on my forms?

If your former spouse earned taxable income in the current year or the two years prior, you will need to list that income on your bankruptcy forms. You do not need to list any income that they earned prior to this time period, and __*you do not need to list them as a member of your household.*__

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Can I file bankruptcy with my spouse through Upsolve?

Under the Chapter 7 bankruptcy rules, you can file for bankruptcy with your spouse. Sadly, Upsolve does not allow for joint filings. If you and your spouse want to file with Upsolve, you can file separately. We discourage this because you may have to pay two separate filing fees. 

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If my spouse and I have joint debt, do I have to list them on my forms?

Yes, you do. You will list them as "someone who is legally obligated to pay your debts."

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Should I file for bankruptcy before I get married?

Having a spouse does not automatically mean a bankruptcy affects both of you. However, if you and your future spouse have joint debts then there are multiple factors to consider such as whether one or both of you need to file, what your future plans are and if you want to conserve costs to file.

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Legal Services Corporation
Robin Hood
The Upsolve Team
Harvard University
Fast Forward

Upsolve is a 501(c)(3) legal aid nonprofit that started in 2016. Our mission is to help low-income Americans in financial distress get a fresh start through Chapter 7 bankruptcy at no cost. We do this by combining the power of technology with attorneys. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have mission-driven funders that include the U.S. government, former Google CEO Eric Schmidt, and private charities.

To learn more, read our reviews from past clients, or read our press coverage.

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