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Separate Households As a default rule, if you and your spouse share a household, you likely need to include their income and expenses. Bankruptcy law presumes that if you and your spouse share a household, then you also share living expenses.
You are permitted to seek bankruptcy while legally separated. Whether or not bankruptcy will solve your debt issues is another question. While filing bankruptcy alone will usually involve your own debts and assets, the debt you share with your spouse may not be dischargeable in a Chapter 7 bankruptcy.
Sometimes both partners within marriage are facing financial challenges, while other times one has racked up significant debt on joint accounts that affect both partners. It's important to know that married couples have the option to file bankruptcy together, but they're not obligated to do so.
Widows and widowers are perfect candidates for bankruptcy because they are experiencing permanent and often drastic changes to their financial situation.
Your Spouse's Income Counts In order to file a Chapter 7 bankruptcy, you must pass a ?means test.? The means test takes into account the income of both spouses, whether or not they file together.