This paper examines some general principles related to the intersection of family law proceedings and bankruptcy, with a focus on strategies to protect the solvent spouse. It provides an overview of basic bankruptcy principles and considers timing and priority issues as between matrimonial property claims and a Trustee in Bankruptcy. It also discusses contents of matrimonial property agreements and orders, certificates of lis pendens, and other strategies to assist the solvent spouse. It includes references to further readings on bankruptcy and family law issues.

This paper is part of a collection presented at LESA’s Matrimonial Property 2017 program held in Edmonton on February 14, 2017 and in Calgary on February 22, 2017.