Divorce and debt often go hand in hand. Understanding the right order -- file bankruptcy first or file for divorce first -- can save you thousands of dollars and months of complications.
This is an important distinction. Neither Missouri nor Kansas uses community property rules. Both states follow equitable distribution, meaning the court divides marital property and debts fairly -- but not necessarily 50/50 -- based on factors including:
In the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), marital debts are generally split 50/50 by law. In Missouri and Kansas, the court has more discretion.
A divorce decree can assign responsibility for a joint debt to one spouse. However, this only binds the spouses -- it does not bind the creditor. If your divorce decree says your ex is responsible for a joint credit card and your ex does not pay, the creditor can still come after you for the full balance.
This is one of the strongest reasons to consider filing bankruptcy before divorce: eliminate the debt entirely rather than relying on a divorce decree to protect you.
| Debt Type | Chapter 7 | Chapter 13 |
|---|---|---|
| Child support / alimony (DSO) | Not dischargeable | Not dischargeable |
| Property settlement debts (523(a)(15)) | Not dischargeable | May be dischargeable |
| Joint credit card debt | Dischargeable | Dischargeable |
| Joint medical debt | Dischargeable | Dischargeable |
Section 523(a)(5) makes domestic support obligations (alimony, child support) completely non-dischargeable. Section 523(a)(15) makes property settlement obligations non-dischargeable in Chapter 7 but potentially dischargeable in Chapter 13.
In most cases, filing before divorce is more efficient. You share the filing fee, share attorney fees, and eliminate joint debts together. However, if your combined income disqualifies you from Chapter 7, filing individually after divorce may work better.
Yes, as long as you are still legally married. Joint filing is common for couples planning to divorce. Many Kansas City attorneys recommend this approach to save costs.
No. Missouri is an equitable distribution state, as is Kansas. The court divides marital property fairly but not necessarily equally. Neither state automatically splits debts 50/50.
It depends on the type. Joint credit card and medical debts are generally dischargeable. Domestic support obligations (alimony, child support) are never dischargeable. Property settlement debts are not dischargeable in Chapter 7 but may be in Chapter 13.
The filing spouse's obligation is discharged, but the non-filing spouse remains fully liable. Creditors will pursue the non-filing spouse for the full amount.
No. Domestic support obligations are non-dischargeable under 11 U.S.C. section 523(a)(5). They cannot be eliminated in any chapter and are priority debts that must be paid in full in Chapter 13.