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

UPDATED: Jul 21, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 21, 2010Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption