Blogs from October, 2025

Divorce can bring many economic challenges — and you may be wondering whether filing for bankruptcy can offer you the fresh financial start you need. Although you can file for divorce and bankruptcy at the same time, doing so may not have the impact you intend. Significantly, not all debts can be discharged in bankruptcy, including those ordered to be paid in connection with the divorce proceedings.

Can You File for Divorce and Bankruptcy at the Same Time?

If you or your spouse incurred substantial debt during the course of your marriage, you might be considering whether filing for divorce and bankruptcy at the same time is a good idea. It’s not uncommon for spouses to incur a variety of debts during their marriage, including credit card debt, personal lines of credit, car loans, and mortgage payments.

Just as marital property must be equitably divided between spouses in divorce, marital debts must also be allocated and discussed as part of the dissolution of a marriage. The courts will address debts that are directly traceable to the acquisition of marital property. For instance, a judge may order that a spouse take full responsibility for an auto loan if he or she is getting the car or make mortgage payments on a former marital home in the divorce decree.

The Impact of the Bankruptcy Automatic Stay on Divorce

If you are considering filing for divorce and bankruptcy, it’s best to proceed with either the divorce or bankruptcy action first. This can help avoid the legal complications that can arise if both cases were brought at the same time. When a bankruptcy case has been commenced, it’s essential to understand that an automatic stay goes into effect.

Once you are in bankruptcy, the Court is precluded from making legal determinations about property that is subject to the bankruptcy proceedings. While the divorce case can proceed with resolving issues such as child custody, child support, and spousal support, marital assets cannot be divided until the bankruptcy case has concluded. Bankruptcy could potentially delay the divorce proceedings.

Filing for Joint Bankruptcy vs. Individual Bankruptcy

If you and your spouse have a large amount of marital debt, a joint bankruptcy filing can potentially wipe out all dischargeable marital debts that are owed by both of you — as well as your individual debts. However, it’s vital to be aware that a Chapter 7 bankruptcy can remain on your credit report for up to ten years, whether you file jointly or individually.

A Maryland family law judge will not reassign separate debts from one spouse to the other in divorce. Ultimately, a joint bankruptcy filing may not be the best way to proceed if there are few marital debts to be divided in divorce, and your spouse has many individual debts. It also may not be a viable option if you and your spouse are contentious and would not be able to cooperate during the bankruptcy proceedings.

Filing for Chapter 13 Bankruptcy and Divorce at the Same Time

If you do not qualify for Chapter 7 bankruptcy, you may have the option to file for Chapter 13. This type of bankruptcy filing allows you to reorganize your debt. However, there is a long repayment period of three to five years. This means that if you file jointly with your spouse before divorce, you would be involved in the legal process with them for a lengthy amount of time — and you would also be required to communicate with them. If you would rather settle your property division matters and move on to the next chapter of your life, this may not be the best course of action for you.

Can Divorce Debts Be Wiped Out in Bankruptcy?

Not all debts can be erased by filing for divorce and bankruptcy at the same time. Domestic support obligations ordered in divorce, such as alimony and child support, are considered priority debts. This means they cannot be wiped out in bankruptcy — and these obligations must continue to be paid once the automatic stay goes into effect.

In addition, if your spouse files for bankruptcy after the divorce has been finalized and the divorce decree assigns a debt to them, the creditor can still pursue the debt against you if your name remains on the account. It’s crucial to carefully review the divorce judgment to determine what is considered a domestic support obligation or a property settlement, to know what would be discharged if you or your spouse decides to file for bankruptcy following divorce. A knowledgeable divorce attorney can help you take proactive measures to safeguard your financial interests post-divorce.

Contact an Experienced Maryland Divorce Attorney

If you are wondering how filing for divorce and bankruptcy at the same time would impact your matrimonial matter, it’s best to consult with an experienced divorce attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys assist clients facing divorce with property division and debt allocation. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. We will work closely with you to find a strategy that will help you achieve the best possible outcome in your case.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Many people are familiar with what prenuptial agreements are. But if you don’t have a prenup, it's important to be aware that there is another type of agreement you can enter into to protect your assets. A postnuptial agreement is a contract that can be entered into at any point during your marriage if you anticipate divorce or you want clarity regarding the way in which your finances and property will be managed and owned. While both contracts can accomplish similar objectives in Maryland, the main difference between a prenuptial agreement and a postnuptial agreement is timing. Specifically, a prenup is signed before the couple is married — a postnup can only be signed after marriage.

What is a Prenuptial Agreement?

A prenuptial agreement (often referred to as a “prenup”) is a legal contract entered into between a couple prior to marriage. It can outline the couple’s financial expectations for the marriage, establish their financial responsibilities, and determine how property would be divided if they legally part ways. Critically, if a couple later decides to divorce, a prenup can help avoid lengthy and contentious litigation over the division of assets.

Prenups aren’t only useful in divorce — they can cover a wide range of financial topics related to marriage. Prenups can be used to:

• Outline how financial matters will be handled during marriage
• Define separate and marital property
• Clarify how retirement savings will be handled in the event of divorce
• Specify who is responsible for certain debts
• Safeguard your business interests
• Establish alimony
• Determine pet custody matters

Prenups cannot be used to determine child support or child custody matters. In order to be valid and enforceable in the event of divorce, a prenup must be signed by both parties and entered into voluntarily. Both parties must also have made full financial disclosure and had the opportunity to consult with their own attorney (even if a person decides to sign without the benefit of counsel). If a judge finds that the prenup is unfairly one-sided or was entered into under duress, it may be deemed unenforceable and set aside. It can be very difficult to have a prenuptial agreement set aside once signed.

What is a Postnuptial Agreement in Maryland?

When determining whether a prenuptial agreement or a postnuptial agreement is right for your situation, it’s important to understand how each contract can be used. A postnuptial agreement is a contract that is entered into after the couple is married — as opposed to before the marriage takes place. A postnuptial agreement can address the same subject matter as a prenup, and the same rules for enforceability apply. Notably, if you did not sign a prenup, a postnup can be a second chance to protect your assets.

Postnuptial agreements can be beneficial in the following situations:

• Divorce is anticipated, and you did not protect your property with a prenup
• There have been changes in your financial circumstances
• Your financial goals have evolved
• You received an inheritance
• You started a new business during the marriage
• One spouse has incurred substantial debt
• There is a financial imbalance in the marriage

Like a prenup, a postnuptial agreement in Maryland can be used in connection with estate planning. It can clarify your spouse’s property rights and ensure that children from a previous marriage are provided for in accordance with your wishes.

What are the Pros and Cons of Signing a Prenuptial Agreement vs. a Postnuptial Agreement?

While both documents can effectively cover the same issues, if timing is not an issue - it’s vital to consider the pros and cons of entering into a prenuptial agreement vs. a postnuptial agreement. While marriage is an economic relationship as much as it is an emotional one, a prenup can help ensure you and your future spouse are on the same page when it comes to finances before you are bound by Maryland law. This can help reduce contention over these matters during your marriage.

It’s best to safeguard your property from the start. Even with the option to execute a postnup, if you do not enter into a prenup, you are essentially leaving your assets unprotected. However, if you acquire assets you had not anticipated or your financial situation evolves during your marriage, a postnup can address these changes and protect the new assets.

Although they can serve a similar purpose and offer a similar protection, courts tend to scrutinize postnuptial agreements in Maryland more than prenups. A prenup is signed when the couple still has the option to not marry — with a postnup, the couple is already married, and one spouse might have more financial control than the other. Courts want to ensure a spouse was not pressured into signing a postnup just because they feel as if they are financially dependent or wish to avoid conflict within marriage.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you would like to learn more about whether a prenuptial agreement or a postnuptial agreement is right in your situation, it’s best to discuss your specific circumstances with a knowledgeable divorce and family law attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide our clients with high-quality legal services for a wide variety of divorce and family law matters — including drafting, negotiating, and litigating prenuptial and postnuptial agreements. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we work closely with our clients to achieve favorable results in every case.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.