Do I need to include my spouse's income?

When filing for either a chapter 7 bankruptcy or a chapter 13 bankruptcy, you need only include "household income". This basically means the income from the people who live in your home and contribute their income to the household expenses. Since you are going to a divorce there may be temporary support judgments in place where your spouse has to pay you weekly or monthly support payments. If that is the case and those support payments will go towards your income, but you do not need to include the income of your spouse, as you live in separate homes. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147