My husband walked out of our home on Oct 27, 2008 - I was blindsided. He met a younger woman in August and they were and continue to have an affair. We also own a small business together that he has not been an active part of since April 2008. He made $85,000 in 2008 and $52,000 in 2007. I have not drawn a paycheck from the business since March 2007. He wants to file chapter 7 asap. He says he will not talk to me about anything else until the bankruptcy is filed. We have jointly spoken w/a bankruptcy attorney and he knows we are separated - without any formal separation agreement nor support agreement. I am dependant on him for all of the household expenses. If we file joint bankruptcy do I give up my right for postseparation support and alimony? We will most likely end up losing the business and it will take me at least 24 months to get employed and be back on my feet to be selfsupporting. Should I go ahead and hire an attorney and file for a support agreement? Should I find a separate bankruptcy attorney. Our personal finances would be fine if we hadn’t been putting so much of our personal money into this business. I want to be Christian in my actions and do what I can to protect our home.
I believe you should file a claim for property distribution and spousal support immediately. I also recommend that you speak with another bankruptcy attorney as you may need to be listed as a creditor against your ex rather than a joint debtor.