Criminal Charges and Divorce

My friend`s husband has been found guilty of theft and will likely end up in prison. She is divorcing him but he wants a divorce without settling the assets.

She wants to know what will happen to her share of the marital assets if a restitution judgment is entered against him, and what will then happen to her share if he subsequently files for bankruptcy, either before or after a settlement.

Posted from: Alberta

One Response to “Criminal Charges and Divorce”

A licensed trustee said...

If her soon to be ex files for bankruptcy or the restitution order is issued BEFORE she arrangemes for a formal separation agreement or divorce then the Court may deal with the assets themselves (in other words it will be too late for her to reach an agreement with her ex).

I suggest she speak to a family lawyer quickly if she is concerned about the division of assets.