Ask Me Help Desk - Legal separation ch 13 bankrupsty

I am legally separated from my spouse of 20 years. I had agreed to giving her half of my retirement money, paying the house payment and half of a car payment in the separation. I am ready to file for a divorce now and don't want to stay with the previous agreement due to strain on my finances. My question is : Does the legal separation agreement just convert to the divorce or can I change the agreement. I am afraid I am stuck with the orignal agreement, but considering she has filed a chapter 13 bankruptsy I think it needs to change so I can move on with my life.

Your situation is not a do it yourself scenerio. Please consult with a divorce attorney to see what your options are. When she filed the Chapter 13 that means that she is going to restructure her debt and make arrangements to repay the debt on a time schedule. If you are going to negate the original agreement with her this will definitely impact her ability to repay her debts. Please see an attorney as soon as possible before proceeding.

Quote:

Originally Posted by llyoung35988

I am legally separated from my spouse of 20 years. I had agreed to giving her half of my retirement money, paying the house payment and half of a car payment in the separation. I am ready to file for a divorce now and don't want to stay with the previous agreement due to strain on my finances. My question is : Does the legal separation agreement just convert to the divorce or can I change the agreement. I am afraid I am stuck with the orignal agreement, but considering she has filed a chapter 13 bankruptsy I think it needs to change so I can move on with my life.

It would be helpful to know what state you are in.

Do you have a judgment of legal separation? Where is this agreement you are speaking of? Is it sitting in the drawer somewhere or has it gone to the court with a judgment and are you waiting for the judgment to be entered? No one can answer your question without knowing more.

Plus, a BK puts a hold on division of assets and debts (in spite of the filing you can still get custody, and support orders and enforce them). So, when she filed and all of that needs to be detailed.

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Originally Posted by cadillac59

It would be helpful to know what state you are in.

Do you have a judgment of legal separation? Where is this agreement you are speaking of? Is it sitting in the drawer somewhere or has it gone to the court with a judgment and are you waiting for the judgment to be entered? No one can answer your question without knowing more.

Plus, a BK puts a hold on division of assets and debts (in spite of the filing you can still get custody, and support orders and enforce them). So, when she filed and all of that needs to be detailed.

Yes It is signed by a judge in the state of GA and a qdro is pending for over a year now for half of my retirement which I don't feel she should get considering that she has filed a chapter 13 bankrupsty due to her maxing out credit cards, which is why we are not together to start with, because I was only given a 50 dollar allowance a week while we were together. I think you can see the picture now that I was just a meal ticket while were together and we had no relationship other than her controlling the finances while I didn't even know what the money was being spent on. Also, we have no minor children so why should she be entitled to everything while I am in the poor house. Why should I have to pay for a house that I don't live in. It would be different if we had minor children.

Quote:

Originally Posted by cadillac59

It would be helpful to know what state you are in.

Do you have a judgment of legal separation? Where is this agreement you are speaking of? Is it sitting in the drawer somewhere or has it gone to the court with a judgment and are you waiting for the judgment to be entered? No one can answer your question without knowing more.

Plus, a BK puts a hold on division of assets and debts (in spite of the filing you can still get custody, and support orders and enforce them). So, when she filed and all of that needs to be detailed.

I may also add to this that in the original agreement of the separation it states that I would be responsible for the house, that is the exact wording, no other specifications. It states that I would pay half of a car payment until it is paid off. The car she included in the bankruptsy, the house she did not. If she gets half of my retirement ($20,000) isn't that kind of deceiving the courts since she did not tell them about the qdro. Remember, I am paying half of that car included in the bankruptsy and I bet she didn't tell them that either. Furthermore if she would stop going to Nascar races and charging this on credit cards she would not be in this mess. She also moved in two of our sons friends and his girlfriend & now she is pregnant, and they don't pay a dime for staying there and he doesn't either and he is working and he is 19. So I am paying a house payment for who? I agreed to pay originally but now I am suppying a home for several others a place to live for free.