How Your Spouse’s Income May Affect Your Bankruptcy If Filing Alone – Nicholas Gebelt | Bankruptcy

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Yes, your spouse’s income may certainly affect your bankruptcy if you are filing alone. There are two major scenarios in which this issue can come up.
The first is what I refer to as being “nominally married.” You’re still officially married, but you’ve been separated for a long time, and you don’t even talk to each other. If you’re put in the same room, you’re just not going to be able to communicate with one another.
In that situation, your estranged spouse’s income plays no role.
But let’s say you’re still technically married and separated but living together. You might not be getting along, and you might be planning on getting a divorce in the not-too-distant future. However, if you’re living under the same roof, your income is community property, and your spouse’s income is community property. As such, you must list your spouse’s income in your bankruptcy petition, even if you file all by yourself without your spouse, since your spouse’s income is available to pay debts. A creditor who wants to collect can collect from your separate property and all of the community property. The only thing they can’t go after is your spouse’s separate property, so long as your spouse has no connection to the debt.
So, even in a situation where you’re married in name only, you must list your spouse’s income in your bankruptcy petition even if your spouse is not filing for bankruptcy protection.
In fact, you have to list other things pertaining to your spouse as well. You have to list all of your spouse’s income as well as all of their debts. Those debts may only have your spouse’s name on them—it does not matter. The reason you still have to list them in your bankruptcy petition is that any community property is liable for those debts as well.
You also have to list your spouse’s expenses. This is actually often a good thing, because it can be used to offset income and maybe even get chained to a Chapter 7. The only piece of information you do not have to list is your spouse’s private property.

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