--- title: Bankruptcy and Divorce description: Bankruptcy and Divorce --- [![Goosman Lawfirm](https://blog.goosmannlaw.com/hs-fs/hubfs/Goosmannlaw%20October2017/images/Goosmann_Law_Firm_logo_4C-white.png?width=1250&name=Goosmann_Law_Firm_logo_4C-white.png "Goosman Lawfirm")](http://goosmannlaw.com/) - [COVID-19 Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - Our Team - [Attorneys](https://goosmannlaw.com/attorneys/) - [Non-Attorney Staff](https://http://goosmannlaw.com/non-attorney-staff/) - Practices & Industries - [Practices](https://goosmannlaw.com/practices/) - [Banking & Finance](https://goosmannlaw.com/banking-finance/) - [Bankruptcy, Restructuring & Workouts](https://goosmannlaw.com/bankruptcy-restructuring-workouts/) - [Business](https://goosmannlaw.com/business/) - [Divorce & Family Law](https://goosmannlaw.com/divorce-family-law/) - [Employment](https://goosmannlaw.com/employment-law/) - [Environmental, Health & Safety](https://goosmannlaw.com/health-safety/) - 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It is not uncommon for someone to file for bankruptcy after a divorce. You or your former spouse may be unable to make payments on credit cards and other debts on a single salary. Unfortunately, some ex-spouses try to use bankruptcy to get around living up to the divorce decree. If you're in this position, there are ways you can protect yourself. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 gives unpaid child support and alimony claims priority over any other creditors' claims, including taxes owed. This means these claims are first in line for payment. If you're owed back support, it's very important that you file a proof of claim with the bankruptcy court to receive payment. The law requires the trustee in bankruptcy, if there's a claim for a domestic support obligation in a case, to give you and your state's Child Support Enforcement Agency written notice of the bankruptcy and any discharge given to your ex-spouse. The notice must also give you information on how to contact your state's Child Support Enforcement Agency. When contemplating a resolution during the divorce process, talk to your attorney about bankruptcy concerns if your spouse has a large amount of debt. The way in which the divorce decree is written can reduce the chance that the bankruptcy court will discharge the debt. You can reduce the likelihood that the debt won't be discharged by labeling the debt payments as either support or alimony in the decree. If you receive notice that your former spouse has filed for bankruptcy or you hear about it otherwise, consult an attorney who can evaluate the situation and help protect your interests. ### Select Different CTA for each Post from Blog Editor [![New Call-to-action](https://no-cache.hubspot.com/cta/default/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422.png)](https://cta-redirect.hubspot.com/cta/redirect/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422) ### Subscribe Our Blog Thanks for submission!! - Recent - Popular ### Posts by Topic - [Firm News (212)](https://blog.goosmannlaw.com/blog/topic/firm-news) - [Business News and Insights (135)](https://blog.goosmannlaw.com/blog/topic/business-news-and-insights) - [CEO (93)](https://blog.goosmannlaw.com/blog/topic/ceo) - [Employment News and Insights (85)](https://blog.goosmannlaw.com/blog/topic/employment-news-and-insights) - [Trust Law Counsel (85)](https://blog.goosmannlaw.com/blog/topic/trust-law-counsel) - [Agricultural News and Insights (71)](https://blog.goosmannlaw.com/blog/topic/agricultural-news-and-insights) - [Human Resources (65)](https://blog.goosmannlaw.com/blog/topic/human-resources) - [Agriculture (62)](https://blog.goosmannlaw.com/blog/topic/agriculture) - [Family Law News and Insights (59)](https://blog.goosmannlaw.com/blog/topic/family-law-news-and-insights) - [Litigation & Trial (56)](https://blog.goosmannlaw.com/blog/topic/litigation-trial) - [Divorce & Family Law (53)](https://blog.goosmannlaw.com/blog/topic/divorce-family-law) - [Risk Management (49)](https://blog.goosmannlaw.com/blog/topic/risk-management) - [Litigation News and Insights (42)](https://blog.goosmannlaw.com/blog/topic/litigation-news-and-insights) - [Construction News and Insights (40)](https://blog.goosmannlaw.com/blog/topic/construction-news-and-insights) - [Real Estate News and Insights (31)](https://blog.goosmannlaw.com/blog/topic/real-estate-news-and-insights) - [South Dakota (14)](https://blog.goosmannlaw.com/blog/topic/south-dakota) - [Cyber Law (9)](https://blog.goosmannlaw.com/blog/topic/cyber-law) - [Media Law and Technology & Science (5)](https://blog.goosmannlaw.com/blog/topic/media-law-and-technology-science) - [Communications Law (3)](https://blog.goosmannlaw.com/blog/topic/communications-law) - [LLC Program (1)](https://blog.goosmannlaw.com/blog/topic/llc-program) - [Sioux Falls Attorney (1)](https://blog.goosmannlaw.com/blog/topic/sioux-falls-attorney) DISCLAIMER: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. 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