Can You File for Bankruptcy Alone if You Have Separated from Your Spouse?

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Can You File for Bankruptcy Alone if You Have Separated from Your Spouse?

Individuals who are struggling with a huge amount of debts can file for individual bankruptcy irrespective of their marital status (single, married or undergoing divorce) say lawyers of Dallas based bankruptcy law firm Recovery Law Group. Additionally, debtors can also file individual or joint bankruptcy during the marriage or ongoing divorce.

As a rule, when a married person files for bankruptcy, they can file either individually or jointly. When they file jointly, the joint income of spouses is taken under consideration to determine whether they can file for Chapter 7, 13 or 11 bankruptcy. Household income is an important criterion for bankruptcy chapter eligibility. Even though just one of the spouses is filing for bankruptcy, the income of the other is also taken into consideration and therefore must be declared to the court and bankruptcy trustee.

In the case of a married couple that is on the verge of separation and living apart, filing for bankruptcy of one might be a problematic issue. When filing as an individual, they might be able to qualify for chapter 7 bankruptcy, but not when their spouse’s income is included in the household income. If a married couple is living separately, it means they are dealing with double expenses.

Some states offer marital adjustment in bankruptcy. this allows the individual who is filing for bankruptcy to deduct expenses belonging solely to the non-filing spouse from the latter’s income. Thus, from the couple’s total income, any expense exclusively owned by the non-filing spouse needs to be deducted. In this way, the bankruptcy filing spouse won’t be fined for expenses that are not for their benefit. Bankruptcy lawyers can guide you better on this aspect. You can consult with them at 888-297-6023.


2019-10-30T10:46:53+00:00