Can You File Bankruptcy Without Your Spouse?

You do not need the consent or participation of your spouse to file bankruptcy. The law allows you to file either a “Joint Case” with your spouse or an “Individual Case – Non Filing Spouse.” Husbands and wives can disagree on the decision to file. In some cases, one spouse has no debt or has another method to address their debt. Other times, couples just want to protect or “save” their credit. Your spouse’s income may be relevant to qualify your filing, but spouses are not required to file. Your decision to file bankruptcy is an individual one and your spouse may have as many good reasons to not file as you do to proceed with a filing.