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Bankruptcy and Divorce

Divorce impacts bankruptcy in the division of marital property and the division of marital debt. In the state of Florida, any assets or property acquired over the course of a marriage must be equitably divided, including retirement funds, equity in a home, bank accounts, and other assets. In the case of debt, however, the terms of a divorce settlement do not affect the agreement you and your spouse have with creditors.

The Fallacy of Quick Claim Deeds
Quick claim deeds transfer the title on real property (home or land) from one person to another BUT they do not transfer the financing so you will still be responsible for payment of the mortgage should your ex-spouse default. 

Are You a Co-Signer or Co-Obligor?
Even if you never used a credit card or drove your spouse's car, if your name is on the loan or account, you can be held responsible for the debt - even if your divorce settlement indicates your spouse will pay it off. For these reasons, it's essential to determine how assets and debts will be assigned since this will impact whether you qualify for Chapter 7 or Chapter 13.

Chapter 7 and Chapter 13 Bankruptcy and Divorce
While Chapter 7 essentially wipes out certain kinds of non-secured debt, like credit card debt, Chapter 13 involves a reorganization of your debt according to a payment schedule agreed to between you and your creditors. As a result, in most Chapter 13 bankruptcy cases, it's possible to keep your home and car as long as you can continue making monthly payments.

The Impact of Marital Debt on Bankruptcy
If your spouse declares bankruptcy during or after your divorce, the creditors involved may decide to try and collect unpaid debt from you. If your spouse agreed to pay off jointly held credit cards or a car loan you signed your name to, a creditor will likely demand payment from you when it becomes clear they won't collect from your former spouse. Since your divorce settlement doesn't modify your legal contractual obligations to your creditors, you may have very little choice but to pay off the debt or declare bankruptcy yourself.

Bankruptcy & Obligations under Your Divorce Settlement
Filing for bankruptcy will not discharge child support or spousal support obligations.

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Florida Bankruptcy Services