Divorce 101

Bankruptcy and Divorce: Til Debt Do Us Part

Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

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Divorce and Bankruptcy: Understanding the Legal Intersection   

The financial strain of divorce can sometimes lead to bankruptcy, creating a complex interplay of legal issues that must be carefully managed. Understanding how divorce and bankruptcy affect each other is essential for protecting your financial future. 

Key Points to Consider

  • Impact of Bankruptcy on Divorce Settlements: Bankruptcy can affect property division, especially if one spouse declares bankruptcy during divorce proceedings. 
  • Debt Management: Divorce often involves the division of debt. When bankruptcy is involved, it’s essential to understand which debts are dischargeable and which are not. 
  • Protecting Assets: There are legal steps that can be taken to protect certain assets from creditors during divorce proceedings. 
  • Spousal and Child decision making responsibility: Even in bankruptcy, spousal and child support obligations remain, as these debts cannot be discharged. 

Conclusion

When divorce and bankruptcy intersect, careful planning and legal advice are crucial. A family lawyer with experience in both areas can help navigate these challenges and protect your financial future. 

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About the author

Russell Alexander

Russell Alexander is the Founder & Senior Partner of Russell Alexander Collaborative Family Lawyers.