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My Spouse is Filing Bankruptcy. Is it Best to File Alone or Together?

Spouse Filing Bankruptcy This question is a difficult one to answer without knowing your entire financial situation, whether you are looking to file Chapter 7 or Chapter 13, as well as what assets and debt you both have. Filing together eliminates the separate debts of you and your spouse and all the jointly-held marital debts. Filing alone leaves the non-bankrupt spouse still liable for his or her share of joint debts, but wipes out the spouse's separate debts and his/her share of the joint debts. If you are legally separated, have divided your property, and taken care of all the financial considerations, your best option may be to have your spouse go it alone. If all the debts were incurred before you were married, there is no point in having you both file. 

Are you looking to file Bankruptcy with your spouse? We can help! Contact us online or call The Law Offices of Jacoby & Jacoby at 631-289-4600 to schedule a FREE consultation to discuss your individual situation and all of your options.

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