if you file bankruptcy, they will take the money you have saved, even if it was done before you were married, it’s become marital assets now. You need to decide what you want to do, contact a bankruptcy attorney and speak to several debt counselors, tread very carefully. In most states the money you bring to a marriage – furniture, car etc. is yours. Then the money you save together, cars etc. is marital property. But the savings will have to be considered if you file for sure – and I don’t know your state law.

And that all depends on what type of fund the money is in. Example: Your 401K is exempt in Bankruptcy.

To protect that money, can you put it into a college fund in the children name? Or possibly a retirement account? I could be mistaken, but since there is a penalty to withdrawl money from my IRA, I believe it is safe even if we file bankruptcy. It would tie the money up from you also, but by all means it’s better than the creditors getting it.