Divorce is one of the most stressful events a person can go through—and for many Floridians, it’s made worse by the financial strain that often follows. If you’re struggling with debt after a separation or divorce, you may be thinking about filing for bankruptcy.
Florida law allows individuals to file for bankruptcy either before, during, or after divorce. However, the timing and type of filing can significantly affect the outcome, especially regarding who is responsible for marital debt and how your assets are divided.
Learning about how bankruptcy works in Florida after divorce is essential if you want to avoid unnecessary financial harm and take steps toward a more stable future.
Can You File for Bankruptcy After Divorce in Florida?
Yes. You can file for bankruptcy either individually or jointly with your former spouse. In most cases, people file on their own after the divorce has been finalized. This often makes the process easier, as the divorce agreement has already divided property and debts.
Florida does not require both former spouses to file together. If your ex-spouse doesn’t need or want to file, you can still proceed with a personal bankruptcy case under Chapter 7 or Chapter 13.
Which Type of Bankruptcy Is Right for You?
There are two main types of bankruptcy that most individuals file for in Florida: Chapter 7 and Chapter 13.
- Chapter 7 bankruptcy is typically faster and helps eliminate unsecured debts like credit card balances or medical bills. However, there are strict income limits. You must pass the “means test” to qualify.
- Chapter 13 bankruptcy allows you to reorganize your debt into a repayment plan. It’s a good option if you don’t qualify for Chapter 7 or if you want to protect certain assets from being liquidated.
If your divorce left you with a lower income and more debt, Chapter 7 might be the more realistic option. On the other hand, if you’re behind on mortgage payments or want to catch up on car payments, Chapter 13 might be more beneficial.
What Happens to Marital Debts After Divorce?
In Florida, debt from the marriage is generally divided between spouses during the divorce based on the principle of equitable distribution. However, divorce courts and bankruptcy courts don’t always view things the same way. Even if your divorce settlement says your ex is responsible for a specific debt, creditors can still try to collect from you if your name is still on the account.
If your ex doesn’t pay a debt that’s technically in their name but still linked to you, it could damage your credit or result in collection actions. Filing for bankruptcy might help remove your liability for that debt, but it won’t necessarily protect your ex from being responsible on their end.
This is one of the reasons it’s smart to speak with an attorney before making any decisions.
Will Bankruptcy Affect Alimony or Child Support?
Filing for bankruptcy won’t eliminate your obligations to pay alimony or child support. These are considered “priority debts” under federal law and cannot be discharged through bankruptcy.
If you’re behind on payments, Chapter 13 may allow you to catch up through a structured repayment plan. But the debt will remain, and you will be expected to stay current.
Likewise, if your ex owes you unpaid support, their bankruptcy won’t erase those obligations either.
A Florida Family Lawyer Can Help
Divorce can leave you emotionally drained and financially vulnerable. Bankruptcy may offer a fresh start, but it’s not a decision to take lightly. Florida’s laws are complex, especially when bankruptcy intersects with family law.
A skilled family lawyer can help you understand your options, explain how your divorce may affect your filing, and guide you toward the best path forward, even if it means referring you to a bankruptcy attorney.
Contact the Orlando Divorce Law Firm of Conti Moore Law Divorce Lawyers, PLLC for Help Today
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC by calling (407) 831-0203 to schedule a free consultation.
We serve all through Glenn County and it’s surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203