QUESTION
If I am legally separated and want to file bankruptcy, to I have to include my husband's income?
Asked on Feb 16th, 2013 on Bankruptcy - Kansas
21 ANSWERS
If you are legally separated then you do not have to include your soon to be ex-husband's income.
Answered on Feb 21st, 2013 at 1:33 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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No, you do not include his income when you are living separately, with or without a formal agreement.
Answered on Feb 21st, 2013 at 1:33 PM
Richard hirsh
I assume you are living apart and maintaining two households. IN that case your husband's income would not be included in your bankruptcy filing.
Answered on Feb 20th, 2013 at 10:55 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You do not have to include as long as you are not receiving any benefits from it.
Answered on Feb 20th, 2013 at 10:44 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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The answer to your question is it depends on whether or not you and your husband lived together and share expenses. You do not have to include his income if you are not living together and sharing expenses.
Answered on Feb 20th, 2013 at 9:43 PM
The law requires you to document the last 6 months of "household" income. If you have been separated and actually lived apart for 6 months, I see no need to include his income. On the other hand, if you separated, moved in with a boyfriend and set up house, you need to include his income rather than your husbands.
Answered on Feb 20th, 2013 at 9:42 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on whether you are living together. This is too complicated a question to ask in this forum. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Feb 20th, 2013 at 8:40 PM
Chapter 7 Bankruptcy Attorney serving Lisle, IL
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Mankus & Marchan, Ltd.
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If you are separated and live apart you do not have to include your spouses income. Consult with a bankruptcy attorney.
Answered on Feb 20th, 2013 at 3:43 PM
If you are legally separated you do not have to include your estranged spouse's income on either the Means Test or on Schedule I-Current Income.
Answered on Feb 20th, 2013 at 3:43 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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It depends on your location. If you are in one of the 4th circuit states: North Carolina, South Carolina, Virginia, West Virginia, and Maryland, you have to count all household income. You have to count your husband if you live together or plan to resume living together.
Answered on Feb 19th, 2013 at 6:01 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Not if you are leaving in separate households.
Answered on Feb 19th, 2013 at 6:01 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Probably not
Answered on Feb 19th, 2013 at 6:00 PM
The answer to your question will depend on whether you want to file bankruptcy together or not and what chapter of bankruptcy you want to file. If you file together, then of course you would include the income of both of you. If you want to file Chapter 7, you would not need to include your spouse's income, but if you want to file Chapter 13, you must include his income on the means test, although not on your budget. Yes, it is confusing!
Answered on Feb 19th, 2013 at 5:59 PM
Deborah F. Bowinski
If you are legally separated and are living in two different households then you should only have to disclose any contributions or support that you received from him.
Answered on Feb 19th, 2013 at 5:58 PM
Personal Injury Attorney serving Reno, NV
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Law Offices of William D. Cope, LLP
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If you are living separately you do not need to include your husband's income.
Answered on Feb 19th, 2013 at 5:49 PM
Bankruptcy Attorney serving Denver, CO
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Colorado Bankruptcy Law Group, LLC
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As long as you and your husband are not separated for the purposes of filing bankruptcy, you can file without including his income.
Answered on Feb 19th, 2013 at 5:47 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
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It depends on whether you reside in the same residence.
Answered on Feb 19th, 2013 at 5:47 PM
Bankruptcy Law Business Attorney serving Asheville, NC
Partner at
Pitts, Hay & Hugenschmidt, PA
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Your husband's income should not be a factor, especially if you have been separated for more than 6 months.
Answered on Feb 19th, 2013 at 5:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, you can file separately. As that will complicate the bankruptcy and the separation/divorce you should seek counsel before taking actions that cannot be reversed.
Answered on Feb 19th, 2013 at 5:45 PM
Bankruptcy Attorney serving Atlanta, GA
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Saedi Law Group, LLC
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If you are legally separated then you do not have to include the income in your case however if you are receiving any support payments you will need to include this income.
Answered on Feb 19th, 2013 at 5:45 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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You do not, if you are not living together.
Answered on Feb 19th, 2013 at 5:45 PM