When one or both spouses files a bankruptcy, all the community property, (property that was bought or acquired during the course of the marriage) becomes a part of the bankruptcy estate and is available to pay debts if it is not exempt. The bankruptcy estate is defined as the property that you own at the time the bankruptcy is filed.

When you or your spouse files a bankruptcy, the automatic stay prevents creditors from collecting on most debts. However, the automatic stay doesn’t prevent you from asking a divorce court to order your spouse to pay child support or alimony.