Kim Zolciak & Kroy Biermann: Filed Three Times, Foreclosed, and Still Living Together
Three divorce filings, a foreclosed mansion, gambling allegations, and a couple too broke to split — the messiest Real Housewives divorce in history
Key Facts
What Happened
Kim Zolciak, the breakout star of The Real Housewives of Atlanta, and former NFL linebacker Kroy Biermann married in 2011 and built what appeared to be a lavish lifestyle in their Alpharetta, Georgia mansion. Behind the reality TV glamour, the couple was drowning in debt. Kroy filed for divorce in May 2023 after nearly 12 years of marriage, but the filing was dropped in July. He filed again in August 2023, and by late 2024 the couple was headed to trial — all while continuing to live under the same roof because neither could afford to move out.
The financial picture was staggering. Kim owed the IRS over $1.3 million in unpaid taxes spanning 2013 through 2024. Their $3 million Alpharetta mansion faced foreclosure after they defaulted on a $1.65 million loan, with Truist Bank scheduling it for auction. Kroy alleged in court filings that Kim spent approximately $228,000 on lottery tickets and Bitcoin between 2021 and 2022, bringing her total alleged spending on clothing, lottery tickets, and cryptocurrency to roughly $1 million during the marriage — fueling his claims of a gambling problem.
The divorce proceedings became a battlefield of accusations. Kroy sought full custody of their four minor children, plus child support and alimony. Kim countered with her own allegations. Meanwhile, Kroy considered filing for personal bankruptcy to separate himself from Kim's mounting debts, though they both owed millions to the IRS. The couple fought over everything from the forced sale of their marital home to a $95 Target bill.
The Zolciak-Biermann divorce became a cautionary tale about the gap between reality TV wealth and actual finances. The couple's situation — trapped under one roof, unable to afford separate households, fighting over debts rather than assets — represents a reality far more common than the glamorous divorces typically seen in celebrity culture. Their case illustrates how financial ruin can make divorce logistically impossible even when the marriage is clearly over.
Legal Breakdown: Bankruptcy & Divorce
Divorcing While Insolvent
When a couple has more debts than assets, divorce becomes about dividing liabilities rather than wealth. Courts must determine which spouse is responsible for which debts, including joint tax obligations. The IRS can pursue both spouses for joint tax returns regardless of who earned the income, making tax debt one of the most complex issues in a financially distressed divorce.
Marital Waste & Gambling
Kroy's allegations that Kim spent over $1 million on gambling, clothing, and cryptocurrency could constitute 'marital waste' or 'dissipation of assets' — a legal concept where one spouse squanders marital funds on non-marital purposes. If proven, courts can adjust the property division to compensate the non-spending spouse.
Forced Sale of Marital Home
When neither spouse can afford to buy out the other's interest in the marital home — and the home is simultaneously facing foreclosure — courts may order a forced sale. Kroy petitioned for exactly this, arguing that selling was the only way to prevent foreclosure from wiping out whatever equity remained.
What This Means for Your Divorce
- →Tax debt follows both spouses — filing jointly means the IRS can collect from either party. Consider Innocent Spouse Relief if your partner hid income or filed fraudulently.
- →Document all spending by both parties. Gambling losses, cryptocurrency investments, and excessive personal spending can all qualify as marital waste in court.
- →If you cannot afford to move out, consult a lawyer about a 'nesting arrangement' or court-ordered use-and-occupancy terms to establish boundaries while sharing a home.
- →Foreclosure and divorce are separate legal proceedings that can happen simultaneously — address both with qualified attorneys to avoid losing your home equity entirely.
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This article is based on publicly available court records, news reports, and legal analysis. It is provided for educational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.
Divorce laws vary by jurisdiction. Always consult a licensed attorney in your area before making legal decisions.