Does My Spouse Have to File Bankruptcy With Me?

Well, each case is different. The decision on whether you and your spouse should file for bankruptcy individually or together is really based on your particular circumstances. But remember, the bankruptcy law does notSpouse Bankruptcy require you and your spouse to file bankruptcy together. You don’t have to file your income tax returns together and you don’t have to file a bankruptcy return together. Remember, the spouse that doesn’t file for bankruptcy isn’t going to receive the benefits of the bankruptcy.

If your non-filing spouse is jointly liable on certain debts like credit card or mortgage, they’ll remain liable for those debts if you file for a chapter 7 bankruptcy. They also may remain liable for any amount that’s not paid if you file for a chapter 13 plan.

As you can see it’s a case-by-case situation and an experienced Tampa bankruptcy attorney can give you valuable legal advice about whether you and your spouse should file for bankruptcy separately or together. Give Sunshine State Bankruptcy a call today to learn more about your financial situation and how we may be able to help.


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