Can You File Bankruptcy Without Your Spouse?

Can You File Bankruptcy Without Your Spouse?

Yes, you may file Chapter 7 and Chapter 13 bankruptcy without your spouse. However, which chapter of bankruptcy you qualify for can be changed depending on your circumstances.


If You and Your Spouse No Longer Live Together

If you and your spouse are living separately, this is the easiest situation in which to file bankruptcy without your spouse. Once you are living separately from your spouse, your spouse's income and debts no longer matters. This means only your income and debts are an issue when evaluating your ability to qualify for either Chapter 7 or Chapter 13.


If You And Your Spouse Are Living Together

If you are still living with your spouse and wish to file bankruptcy without your spouse, you can still file bankruptcy without your spouse. However, it may be more difficult to qualify depending on your situation. The reason it can be more difficult is because your spouse's income and debts are included with your income and debts to qualify for bankruptcy. Adding the spouse's income frequently puts many debtors over the income limits for Chapter 7 and this forces them into Chapter 13. Unless the spouse has substantial separate debts, adding the spouse's debts rarely disqualifies the debtor from Chapter 13.

If You Have More Questions


Please contact us if you have more questions or are ready to move forward and start the process of becoming debt-free. Remember, we are here to help you resolve your debt problems, so call us now!

(949) 954-7568