Search the Issue Archive

TitleThe Effect of Bankruptcy on a Spouse in a Divorce
Author(s)Amanda Moreno
First Page81
AbstractWhere can we expect an ex-spouse, left in financial distress as a result of a divorce judgment or settlement agreement dividing marital property, to proceed for relief from the debts that now overcome the assets? Bankruptcy, increasingly, serves to answer this question. The line between ?support? and ?property division? is not always an easy one to draw, and thus our federal bankruptcy courts were plagued with disputes over whether a debtor?s obligations to an ex-spouse were in the nature of ?support? (nondischargeable) or ?property division? (dischargeable). Over time, as case law developed, the rules and approaches that were set forth and used among federal circuits varied greatly.