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Some people might ask does my divorce decree protect me from my creditors if my former spouse files for bankruptcy. With the divorce decree alone you are not protected. If you are a co-signer with your ex-wife or ex-husband on a debt for example a loan, a credit card, or overdraft loan your creditor can require the entire payment or repayment of the debt from you. Even if you divorce decree assigns that specific debt to your ex-wife or ex-husband. Because even if they are assigned a specific debt if they default on the debt or stop paying in anyway the debt collectors will come after you as well.

When you become divorced and you ex-wife or ex-husband owes money you should do a few things. First you should try to make all the necessary attempts to have the lion share of funds classified as alimony or child support. These debts cannot be discharged in a bankruptcy. For instance the more possessions, like your cars, house, etc. that carry debt that you personally include in your property statement agreement the greater the risk that you ex-wife or ex-husband may be able to convince the bankruptcy court that your debts should be included in the bankruptcy.

Although possessions or items in a court approved property settlement are usually understood to be non-dischargeable, but the reality is there is no particular rule or law about the items that are related to your debt that may or may not be declared in a bankruptcy. The only way to have the debts not charged to you is to show that you have no ability to pay the obligation and also to be able to take care of yourself or your children. Another good way is to show that taking care of yourself and your children is more important then what might happen to your ex-wife or ex-husband.

A few ways to find out if you are liable for debt is if you were living with a person without being married and you put your name on the debts the creditor will hold you responsible. Lots of people while they are married intertwine their debts, so each one of them could pay the debt. Now of course if the couple is not able to pay the creditors the creditor will chase both of them.

To protect yourself once your divorce is final is to get rid of or cancel all credit cards and joint accounts and get your name off all bank accounts that you had with your ex-wife or ex-husband this will make sure that you will not be responsible for any more debt after your divorce.

In many cases one of the best ways to handle debt in a divorce is before any distribution of money to the individual happens all mutual debt should be paid off. For example if neither one of the divorcees is going to living in the home where they lived prior to the divorce they could sell that home and then pay off credit cards loans or other debts that they have mutually. Their attorney can send out checks to their creditors once the home is sold. You can even do a settlement option with your creditors because many of them will accept a 60% settlement.