COVID-19 Update: We are open! However for your safety and ours during this time, we have suspended all in-office appointments. We will be consulting and handling all business via phone, email, and/or video conference. The courts have also suspended in-person hearings and will be handling everything telephonically. If you need us, whether as a new client or a current client with questions and concerns, please call or email us now. We are here to help you through this difficult time any way that we possibly can.

Do I have to report my spouse’s income if I’m filing alone?

If you are filing bankruptcy as an individual (not jointly with your spouse), yes, you must still report your spouse’s income. However, this in no way includes your spouse in the filing.  The court simply looks at your total household income for calculating eligibility   (Means Test) and for your post-bankruptcy household budget (schedule I and J).   Even though your spouse is not filing with you, it is highly recommended that you both participate in the consultation so that both of you understand the process and requirements. And as mentioned before – have decided that the best strategy for addressing your financial situation is to file individually.

There is an exception to this though if you are married but separated.  If you and your spouse are separated, your total household income is your income.  If your spouse is paying domestic support, you will need to include that in your totals.