How does my divorce affect my ability or my former spouse’s ability to file for chapter 7 bankruptcy?
A divorce does not prevent either spouse from filing bankruptcy. In fact, divorce is one of the primary reasons given by debtors for filing bankruptcy. If your spouse does elect to file for bankruptcy, you will need to seriously examine your financial condition. Chances are you and your spouse incurred numerous joint debts during the course of your marriage. Regardless of the terms of your divorce papers, you remain liable for those joint debts. As such, since your spouse’s creditors can no longer pursue him or her because a chapter 7 bankruptcy case, they will look to you for payment.