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Does it affect our separation agreement ?

Does it matter if spouse files before or after divorce? We have separation agreement. His debt is solely his own, my name is not on anything of his. Wondering if child support and alimony will change from our legal agreement?

Posted from: Ontario

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One Response to “Does it affect our separation agreement ?”

Doug Stuive, CA | Trustee | CIRP said...

It should not matter when your spouse files for bankruptcy during your separation process if you are not on any of the debts. In bankruptcy if a legal separation has already been established, and the separation agreement allows for child and spousal support that is reasonable or has been ratified by the court the trustee does not get involved with the process.

Depending on your husband’s debt load and income level, sometimes filing a bankruptcy can help ensure that you are receiving your support payments in a timely manner. If your spouse is finding it difficult to meet his obligations to his creditors, his monthly expenses and his support obligations then filing a bankruptcy may put an end to that. By dealing with his debt problems proactively he should feel some relief to his monthly budget and maintaining his support obligations should be easier.

It is also worth noting that if your spouse fails to pay your spousal or child support this debt to you will not form a part of the bankruptcy estate. Support payments fall under a special category of debts that are not discharged in bankruptcy.