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If I Am Married Does My Spouse Have To File?
No, your spouse is not required to file for Bankruptcy just becasue you did. You have the option to file as an individual, even if you are married. However, there can be negative consequences if you and your spouse have jointly owned debt or property and only one of you files for Bankruptcy.
How Can My Marriage Affect My Bankruptcy?
Married individuals must gather the following information about their spouse regardless of whether they are filing a joint petition, separate individual petitions, or even if only one spouse is filing.
Required Information For Bankruptcy
- A list of all creditors and the amount and nature of their claims;
- The source, amount, and frequency of the debtor’s income;
- A list of all of the debtor’s property; and
- A detailed list of the debtor’s monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc.
In a situation where only one spouse files, the income and expenses of the non-filing spouse are required so that the court, the trustee and creditors can evaluate the household’s financial position.