Your wife would not be required to include your income with hers for the means test if either you are legally separated or the two of you are living apart for a purpose other than evading the requirements of the means test. The fact that you moved for work and she stayed to be close to family should be considered a reason for living apart other that for the purpose of evading the requirements of the means test. On the Statement of Current Monthly Income and Means-Test Calculation form, your spouse should check box 2.b., for status as Married, not filing jointly, with declaration of separate households. By checking that box, she is declaring under penalty of perjury that my spouse and I are legally separated under applicable non-bankruptcy law or my spouse and I are living apart other than for the purpose of evading the requirements of 707(b)(2)(A) of the Bankruptcy Code.
Answered on Sep 12th, 2013 at 12:51 PM