Legal Question in Bankruptcy in Arizona

Family Law Court Order vs Bankruptcy

If a spouse, during divorce, requests that the wife pays half his debts, then files bankruptcy, not including the wife on the bankruptcy forms, can the debtors go after the wife for the whole debt?

If the wife filed bankruptcy before her marriage, and is not allowed to file again during this time period, what are her options so she does not get the whole debt given to her?


Asked on 12/22/97, 4:05 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

family law court order

Your question is not very clear. Is there a spousal support order issued? Is the wife obligated to pay half the debt? You use the word "request" which suggests that no such order has issued. The simple answer to your question, I think, is that if the wife does not file the bankruptcy, the creditors (not debtors) can still go against the wife's separate property. The community property would be forever protected by the husband's discharge in the bankruptcy.

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Answered on 12/22/97, 7:44 pm


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