Divorce during joint bankruptcy

[julianna]

My spouse and I are beginning the process of divorce and we are currently both in a joint bankruptcy (chapter 13).  I am looking for advice, experiences, and/or examples of how to continue the bankruptcy payments as they stand, even after we are divorced, until the time of discharge.  Is there an addendum or supplemental form that we can use to ensure that we are both legally obligated to continue paying what we pay now, without either one of us being responsible for the other.  At this time, we both get a portion deducted from our paychecks.

Any help (even advice links) would be really helpful.  Oh, and at this time we are going to continue to live in the same household until the divorce is final.  We are not filing for separation because of this, and things are mostly amicable.

Thanks in advance.

[Lee Borden]

You haven't said the portion each of you pays is 1/2, so I will not make that assumption. I'm not aware of a "canned" clause or form you can pull off a shelf. The way I would approach it if I were you would be to conduct a systematic review together of all the possible contingencies and agree on what should happen if the contingency were to occur. Here are a few that occur to me, but this list isn't exhaustive.

• Each of us pays his designated payment in full and on time until the debt is satisfied.
• Ralph pays each payment on time, but Mary's payments are so late that there is an increase in the balance both of us owe, or vice versa.
• One of us suffers a significant loss in income and cannot continue payments.
• One of us experiences a significant increase in income and can pay more.

And you can (and should) think of several others. If you agree on what should happen in each instance, you're ready to draft the agreement you will sign. If the lawyer helping you with your bankruptcy is prepared to do so, consider having that lawyer prepare the documents for your uncontested divorce. That will ensure a more "bankruptcy-savvy" agreement.