If I’ve been separated from my wife for 4 years, can her filing bankruptcy affect my credit?

We will be filing divorce this month. We have not lived together for over 4 years and my credit is very good right now. I pay her child support every 2 weeks. We always work out everything. Can her filing bankruptcy be linked to me or can she do it separately? The divorce won’t be official for 6 months.

Asked on July 21, 2010 under Bankruptcy Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is my understanding that even if you were still living together you can file bankruptcy separately.  But is your wife trying to discharge any of your joint debt?  That may indeed effect your credit and your credit rating.  So you may need to speak with her and her attorney (if she is using one) to see what debt she is listing on the bankruptcy petition.  Check to make sure that you were not even a card holder on the account, never mind an original contract signator. Your lives will become "officially" separate on the day that the divorce is filed.  At that time then everything you do from that date forward will be you alone.  Good luck.

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