Divorce and Bankruptcy

On Behalf of | Oct 4, 2011 | Bankruptcy |

Divorce and Bankruptcy Law are two areas that sometimes go hand in hand.  Financial difficulties in a relationship can be as difficult of a storm to weather as an extra-marital affair.  When a couple has money problems, they may think that the only answer is to get out of the relationship.

Many times, if a couple gets the relief they desperately need from overwhelming debt then they are able to overcome their other obstacles and save the relationship.  However, sometimes the debt is just one of their difficulties.  Most often, it is best to deal with the debt problem before the divorce is filed.  For one, the attorneys fees are essentially doubled for the struggling couple if they file a divorce first and then both later file bankruptcy.

Secondly, if one of the two people in the relationship makes a substantial amount of money and the other doesn’t really make that much then it is typically essential that the couple remain married prior to filing for debt relief so that they are able to pass the Means Test since the family size is larger while they are still married.  According to the IRS’s guidelines, it is much easier for a bigger family to file than an individual when the income level of an earner is higher than normal for Texas residents.

However, if the divorce has already occurred and one party is obligated to pay child support then that is a good deduction on the second part of the Means Test.  That legislation determines how much disposable income an individual has and whether or not they are eligible to file a Chapter 7 or how much of their unsecured debt they have to pay back through a Chapter 13 Plan.