QUESTION

Should I or should I not need to include his income since we don’t live together?

Asked on Apr 23rd, 2013 on Bankruptcy - Florida
More details to this question:
I have been separated from my husband for about 3 months and I am filing for Bankruptcy as a separated individual.
Report Abuse

9 ANSWERS

Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
Update Your Profile
Talk to a good bankruptcy attorney. 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. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Apr 26th, 2013 at 4:43 AM

Report Abuse
Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
Update Your Profile
No, you do not need to include his income; just mark "declaration of separate households."
Answered on Apr 26th, 2013 at 12:08 AM

Report Abuse
Personal Bankruptcy Attorney serving Portland, OR
2 Awards
If you are not receiving any of your husband's income, or if he is not helping you financially in any way, you do not have to list his income in your bankruptcy schedules.
Answered on Apr 25th, 2013 at 9:32 PM

Report Abuse
Personal Injury Attorney serving Reno, NV at Law Offices of William D. Cope, LLP
Update Your Profile
No you should not need to schedule his income if you are filing separately and living separately. You would, however, need to include any support that he pays you.
Answered on Apr 25th, 2013 at 1:21 PM

Report Abuse
Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
Update Your Profile
You only include your spouse's income if you have access to it or if you live together. So if your husband's pay is deposited into your joint account for you to use, then I would include it. Otherwise, no.
Answered on Apr 25th, 2013 at 1:20 PM

Report Abuse
Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
Update Your Profile
If you are separated, you don't include your spouse's income if you aren't filing jointly.
Answered on Apr 25th, 2013 at 1:19 PM

Report Abuse
Bankruptcy Attorney serving Las Vegas, NV
2 Awards
You do not list his income if you are living separate and apart.
Answered on Apr 25th, 2013 at 1:16 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Generally, if you're filing in individual bankruptcy your husband's income and individual debts are not involved. Clearly you are asking this question because you have not sought counsel, which you most certainly should prior to the time need to take any action so that you understand what the benefits and detriments of your individually filing bankruptcy are.
Answered on Apr 25th, 2013 at 1:14 PM

Report Abuse
Bankruptcy Attorney serving Plantation, FL at Moffa & Breuer, PLLC
Update Your Profile
It depends on the underlying facts and what you are trying to accomplish.
Answered on Apr 25th, 2013 at 1:13 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters