If you are a co-signer on your ex-spouse's credit account or your name is legally on the account, you are responsible for paying it even if your divorce decree states that your ex-spouse must pay it. If you do not pay your bills because your divorce decree states your ex-spouse is responsible and he doesn't pay them either, you can go into default; if your creditors go to court and get a judgment against you, they can garnish your wages for the amount of the debt and may be able to garnish any inheritances you receive.
Remove Name from Accounts
If your divorce decree states that your ex-spouse is responsible for particular debts such as joint credit accounts, contact the creditor and remove your name from those accounts. If you do not do this, you are still legally responsible for the debt regardless of what the decree says, and you may ruin your credit if your ex-spouse fails to honor the decree and pay the debt. If you receive an inheritance, depending on state laws, the creditor may be able to garnish it to repay the debt.
Stay Out of Default
If you do not choose to remove your name from a joint account, monitor the account carefully and pay the bills if your ex-spouse fails to do so. This keeps you out of default, so you will never have to face a situation in which your inheritance is at risk of being garnished to pay your ex-spouse's debt. If the court orders you to pay child support or alimony, pay them on time every month so that you won't go into default.
Using Inheritances
Even if you are in debt, you are not legally required to use an inheritance to pay back the debt. However, if you have defaulted on debts, even if your ex-spouse was partially to blame, and a creditor has a judgment against you, the creditor may be able to get a court order requiring you to turn over part or all of the inheritance to pay the debts.
Bankruptcy
If you receive an inheritance after filing for bankruptcy, the inheritance automatically becomes part of the bankruptcy estate if it was willed to you. However, if you inherit a retirement account or other account that is payable upon the account holder's death, it is not considered part of the bankruptcy estate and you may keep it rather than turning it over to the bankruptcy trustee.
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