If I file bankruptcy without my spouse, will my spouse be affected?
January 22, 2012
If there is joint debt between you and your spouse, and your spouse doesn’t file for bankruptcy, your spouse will be responsible for those debts. If there is no joint debt, filing bankruptcy will not impact your spouse’s credit in any way.
It is important to remember that the budget filed with the court will be based upon household income, which includes the income of any non-filing spouse. In other words, the court will look at your spouse’s income (along with yours), in determining whether or not you are in a position to repay a meaningful portion of your debt.