Does my ex have to pay my divorce settlement if he files for bankruptcy?

Answer by  dabomb (24)

Yes. When someone files for bankruptcy, a "stay" is applied to all requests from creditors. This 'stay' does not apply to previously granted court settlements, of which your divorce settlement is one. The settlement will take first place over all other claims and will have to be satisfied before any other claim is paid.

Answer by  H797H (157)

Yes, there are a few debts that cannot be erased just because one has filed for bankruptcy. Divorce matters still require you to pay. This is similar with college loans and child support as well

Answer by  frank (279)

It would depend what type of bankruptcy he files and who is ahead of you as secured creditors. In most cases I would think he would not be liable for future payments.

Answer by  Anton16 (31)

He has to pay because bankrupcy does not exclude payments of personal obligatios or arrangements. It is also illegal to refuse to pay in that case.

Answer by  Amom (701)

I would check with your lawyer, but I believe you can file as one of his creditors during his bankruptcy and get some of the money back. I'm not sure if you can charge him the legal fees it will take to get in as one of his creditors.

Answer by  wjgsert (403)

I do not believe that an ex spouse should be made to pay for a divorce settlement. There is no point in forcing someone to pay if they can't.

Answer by  cquiggles (238)

If your ex is going through a bankruptcy he usually has to try to settle all depts that have accrued and liquidate his assets. However, he is not required to pay in full all of his debts. He is required to set up a payment schedule that would work.

Answer by  Mary (2095)

The ex-spouse is still required to pay child and spousal support. For a property settlement, it is more difficult, but it is possible to avoid the debt if the court finds it would do more good then harm.