Can I file bankruptcy without my spouse?

A common question that comes up is: “Can I file bankruptcy without my spouse?”

The Answer, Yes. If you are a married couple you may file as an individual or as a couple.

If an individual files, the non-filing spouse’s credit will not be impacted by the bankruptcy filing of his or her spouse.  If you are filing as an individual and you are married you should watch out, because if there is joint debt (with both husband and wife’s name on the debt) the bankruptcy filing of one spouse will leave the non-filing spouse on the hook for the entire balance on the loan.