Whether you are married or separated, you can still file for bankruptcy on your own. There is no requirement that your spouse file for bankruptcy.
Chapter 7 or Chapter 13 Bankruptcy?
If you are married and maintaining the same household, then the trustee will consider your joint income to determine if you are over the median income qualifications for a Chapter 7 bankruptcy or to determine what you are financially able to repay in a Chapter 13 bankruptcy.
If you are separated and maintaining separate households, you expenses should also be listed separately.
Contact Gina Rosato Law Firm, P.A. to discuss your Bankruptcy Options
Your divorce decree is a contract between you and your ex-spouse. This is completely separate from any contractual obligations you have with your mortgage lender or your credit card company.
Therefore, if you have a joint debt, even though your divorce decree says your ex-spouse will assume all the debt, your creditors can still come after you for the debt. For example, suppose you and your ex-spouse had a joint credit card with Bank of America for $20,000. During your divorce, your spouse assumes payment of the $20,000 debt. Your ex-spouse does not make a payment on this debt or files for bankruptcy. Bank of America can come after you for the $20,000 debt. If this happens you would need to pay it or file for bankruptcy. If you end up having to pay a anything to Bank of America you would have a cause of action against your ex-spouse once you have re-paid the creditor. If you and your spouse have significant amount of joint debt, it maybe beneficial to consider bankruptcy prior to filing for divorce to resolve these issues that may cost you more down the road in payments to creditors and additional attorney fees.
Contact Gina Rosato Law Firm to discuss your Bankruptcy Options