QUESTION
Do I have to include my husband's income if I am legally separated?
Asked on Feb 22nd, 2012 on Bankruptcy - Maryland
More details to this question:
My husband and I are legally separated and live in separate homes. I am on social security disability and would like to file a Chapter 7 bankruptcy to get my taxes dissolved. I also get a social security benefit for my son although my husband is the payee. Do I have to include my husband's income in the bankruptcy?
11 ANSWERS
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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No.
Answered on May 30th, 2013 at 9:16 PM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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No you do not need to include your husband's income if you are separated and live in separate homes. Furthermore, you do not have to include your social security in your means test to qualify for a chapter 7.
Answered on Feb 24th, 2012 at 9:09 AM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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You don't have to include his income if you are separated and he is not giving you any money or paying any of your expenses.
Answered on Feb 24th, 2012 at 9:06 AM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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If you are legally separated and living apart, you probably can file without his income being included, or include it and then deduct it under the marital deduction. However, if you are filing to discharge tax debt, you should know that most tax debt is non-dischargeable in bankruptcy. It must be of a certain age and then it has usually become a tax lien.
Answered on Feb 24th, 2012 at 9:03 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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You have to include the amount that he actually gives you. You do not need to include the amount that he receives.
Answered on Feb 24th, 2012 at 7:44 AM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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You do not. You have to file a declaration of separate households, which is incorporated into the standard Court-mandated forms, but you have to find it in the means test form to complete it.
Answered on Feb 24th, 2012 at 7:34 AM
Domestic Relations Attorney serving Huntsville, AL
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Ferguson & Ferguson
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If you have not been living together for the six months immediately prior to filing a bankruptcy, then you do not have to include his income in the means test. Some types of Social Security benefits are not included on the means test either.
Answered on Feb 24th, 2012 at 7:29 AM
Generally a spouse's income is included. However, if your husband is not contributing financially to your support and maintenance you can indicate this on the means test (Form 22A) and his income will not be included in determining your eligibility for Chapter 7 relief. Social security benefits are excluded from the means test calculation, and you said your son is receiving the benefit. Be sure to disclose all of your assets and debts to the bankruptcy trustee. Explain your financial situation completely and truthfully.
Answered on Feb 24th, 2012 at 7:08 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Your husband's income should not be included if he does not live with you. Any contributions he makes to your household would be disclosed, including amounts you receive or use from you son's Social Security.
Answered on Feb 24th, 2012 at 7:07 AM
As long as you live in separate households, your "heads on the bed under one roof" income for your "household" would not have to include your spouse on the CMI test.
Answered on Feb 23rd, 2012 at 7:05 PM
Criminal Law Attorney serving Ellicott City, MD
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Law Office of William C. Wood, LLC
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No, if you maintain separate residences, you do not have to include your spouse's income. Not all tax debts are dischargeable. I would recommend consulting with an experienced bankruptcy attorney prior to going forward.
Answered on Feb 23rd, 2012 at 7:04 PM