Legal Question in Family Law in Arizona

Bankruptcy and divorce

My ex-husband, as of 26 Jan 09, says he may file bankruptcy. Will I be held liable for his debts? We maintained completely separate finances during the marriage. I was afraid of his debt; he didn't want me telling him how to spend his money. My name was never on the house deed, 1st or 2nd mortgage, his savings or checking, his credit cards, his loans, or the small business he started - nothing. All I have is SSD and a small pension now. The divorce decree states: Petitioner (ex-husband) and Respondent (me) do not hold any joint debts. Petitioner is indebted to Respondent in the amount of $53,500 which is to be paid to Respondent as outlined above (basically, within five years of divorce document). Petitioner and Respondent agree that from the date of this agreement, neither shall assume any joint debt or liability. Petitioner and Respondent agree that each shall be individually responsible for all debts that he or she acquires subsequent to the date of this agreement. Petitioner and Respondent agree that taxes for 2008 will be filed as ''married filing jointly'' and Petitioner will be responsible for all tax liabilities and refunds. I have since moved out of state.


Asked on 2/20/09, 9:44 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Bankruptcy and divorce

It sounds like there are two issues you need to deal with if he files bankruptcy - one is whether you will be held responsible for the debts awarded to him in the divorce, and the other is whether he can discharge the debt owed to you (the $53,500). More information is needed in order to answer either question.

Please contact our office and request an appointment with Attorney Cory Stuart. The initial consultation is free, and you can do it by phone if you are now out of state. The sooner you do this, the better - it might be necessary to make some minor revisions to the language in your divorce documents, and as long as your ex is not trying to take advantage of YOU by filing bankruptcy, he should have no problem cooperating with this. We can be reached at 480.792.9770.

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Answered on 2/21/09, 8:56 am


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