Divorce and Bankruptcy in St. Louis

Divorce and bankruptcy frequently overlap. Understanding timing, joint debts, support obligations, and property division is critical for St. Louis residents navigating both.

Timing: Before or After Divorce?

Filing Bankruptcy Before Divorce

Eliminates joint debts -- simplifies property division
Saves money -- one joint filing vs. two separate
Clean start -- both spouses enter divorce debt-free

Filing Bankruptcy After Divorce

Lower income -- single-filer may pass means test more easily (Missouri median: $56,847)
Simpler filing -- only your assets and debts
No cooperation needed from ex-spouse

What Cannot Be Discharged

Domestic Support Obligations (section 523(a)(5))

These survive every chapter: child support, spousal maintenance, and debts "in the nature of" support.

Property Settlements (section 523(a)(15))

Chapter 7: Not dischargeable
Chapter 13: May be dischargeable through the plan

Joint Debts and Co-Debtor Liability

If only one spouse files, the other remains fully liable for all joint debts. Chapter 13's co-debtor stay (section 1301) can temporarily protect co-debtors on consumer debts.

The Automatic Stay and Divorce

Not Stopped by Stay

Divorce proceedings
Child custody/visitation
Support establishment
Domestic violence proceedings

Stopped by Stay

Property division (estate assets)
Collection of property settlement debts
Contempt for non-payment of settlements

Missouri Considerations

Homestead ($15,000): Affects how home is handled in both divorce and bankruptcy
Median income ($56,847): After divorce, single-filer income may qualify for Chapter 7
Court: Bankruptcy filed in Eastern District of Missouri at 111 S. 10th St., St. Louis, MO 63102. Divorce filed in state court.

Frequently Asked Questions

Should I file bankruptcy before or after divorce?

Before: eliminates joint debts, saves money on one filing. After: single-filer income ($56,847 median) may qualify for Chapter 7 more easily. Depends on your situation.

Can bankruptcy eliminate divorce debts?

Domestic support obligations (child support, alimony) can never be discharged. Property settlement obligations are non-dischargeable in Chapter 7 but may be dischargeable in Chapter 13.

What happens to joint debts?

If only one spouse files, the other remains fully liable for all joint debts. Chapter 13's co-debtor stay can temporarily protect co-debtors on consumer debts.

Does the automatic stay affect divorce proceedings?

The stay does not stop divorce, custody, support, or domestic violence proceedings. It does stop property division involving estate assets and collection of property settlements.

Can we file jointly during divorce?

Yes, as long as you are still legally married. Once divorce is final, joint filing is no longer possible.