Divorce
In theory, marriage is a blessed
sacrament and sacred institution in the majority of cultures. In practice,
however, a marriage is by no means an easy thing to maintain. Opponents of
marriage are quick to cite the popular statistic that about half of all
marriages in the United States end in divorce, which reflects not so much
Americans' lack of commitment to the act of marriage as it does the true test
of a couple's faith and love that matrimony entails, as well as shifting
attitudes toward the function of marriage in modern society. Divorce (which
actually may be prompted by money problems) often comes with a swirling of
disparate emotions attached, and troubling financial matters only serve to
further complicate things. Indeed, bankruptcy and divorce are two concepts
that are hard to reconcile with one another, except for the fact that some
people tend to file for bankruptcy after divorce. The following are
considerations of what may happen when bankruptcy and divorce coincide,
and what to do accordingly:
·
Before considering manifestations of bankruptcy after divorce,
it is worth touching upon the relationship between bankruptcy and divorce, but
the other way around. Certainly, nothing prohibits people from splitting up
after a formal declaration of bankruptcy. Of course, though, before going this
route, spouses should assess their commitment to such an enterprise and what
exactly their priorities are at this point. For some people, the emotional and
psychological components of marital strife may make a divorce worth the
trouble, all other issues be damned. Others, meanwhile, may be forced to be
more pragmatic in their mindset. Putting a spin on the "stay together for
the kids" trope (possibly a legitimate concern for a couple, to boot), two
people may neither seek bankruptcy after divorce nor before divorce,
opting to stay together for the sake of fiscal stability. Besides, bankruptcy
and divorce are both costly processes, and if the former precedes the
latter, there may not even be enough money to go around for the both of them.
·
Therefore, given all of the above, it is more likely to see bankruptcy
after divorce, and for reasons that are not hard to glean. Much in the way job loss leads to
bankruptcy because of insufficient income, so too are bankruptcy and divorce united
by financial hardships incurred when individual members of the (former) couple
are living separately. Again, and also relative to unemployment, there is an
element of uncertainty that lends itself to disastrous situations with money.
Especially when one divorcé(e) loses his or her position unexpectedly after the
end of the marriage, bankruptcy after divorce is an all-too-natural
consequence.
·
In past decades, bankruptcy and divorce sometimes went
hand-in-hand, but for another reason. People would file bankruptcy after
divorce in an effort to avoid having to pay their ex a divorce settlement,
alimony or other monies awarded by a civil court. Essentially, they would be
hiding from their one-time spouse behind the shield that is the provision of automatic stay. As a result
of the passage of the Bankruptcy Abuse Prevention and Consumer Protection
Act of 2005, however, U.S. bankruptcy law no longer
saw fit to preempt these dues. "Domestic support obligations" are
made of the highest priority order in bankruptcy proceedings, and automatic
stay, under the BAPCPA, does not prevent one's wages from being
garnished for providing for children and estranged husbands/wives. In short,
today, bankruptcy after divorce is not a quick fix at all.
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