Will You be Forced Into Bankruptcy if Your Ex-Spouse Declares Bankruptcy

[lawfacts]

A woman divorced her husband and, four months later, he has filed for Chapter 7 bankruptcy. They still have joint loans on jointly owned property. Will the ex-husband's bankruptcy force the ex-wife into bankruptcy?

[Mr. Knowitall]

That depends upon a number of factors, including (a) whether he intends to continue to make his payments on the joint debts despite the bankruptcy, (b) the manner in which responsibility for the debts is assigned in the divorce judgment, and (c) whether the wife can afford to pay the joint debts if the husband does not pay or contribute.

The wife should discuss the bankruptcy, the divorce judgment, and her options with her divorce lawyer.