Marriage can complicate financial matters. You likely have assets in both names, but you may also have some debts in your name alone. If you're considering filing for Chapter 13 bankruptcy, you might assume you'll need to file as a couple, but that isn't the case. In fact, one member of a couple can file with minimal impact on the spouse.

Filing for Chapter 13 can be complicated, especially when only one spouse is filing. The Craig Black Law Firm has worked with couples going through solo bankruptcy and can help. When you call my office at 678-888-1778, you'll speak to me personally, and I'll work with you to weigh your options. You can also fill out this contact form, and I'll contact you.

Reasons to File Without Your Spouse

If you're considering filing without including your spouse, you likely already have a reason. Here are some of the most common:

• Credit protection: Bankruptcy can hurt your credit for seven years. By leaving your spouse out of your filing, you'll keep your spouse's score intact.
• Ineligibility: To qualify for Chapter 13, you'll need to pass a means test. If your spouse lacks your level of debt, a separate filing makes sense.
• Uneven debt: If one spouse enters the marriage with significant debt or has racked up debt after marriage, that spouse can handle things without the other spouse suffering for it.
• Protecting assets: When you file, you'll need to list all your assets. If your spouse isn't filing, their debts won't need to be listed.

When you file the Chapter 13 paperwork, you'll only put your name and Social Security number. Your spouse won't need to list debts and assets that aren't shared with you, but you will need to list your household income, including any income earned by your non-filing spouse.

The household income will be used, along with your debt and income, during the means test. This test determines whether you qualify for Chapter 13 and, if so, if you will be on a three- or five-year repayment plan. In some instances, your spouse's income and other income specific to your spouse, such as social security, can be excluded from the calculation.

Impact on Non-Filing Spouse

If your spouse is abstaining from the bankruptcy filing, the good news is that the assets owned solely by your spouse won't be listed on the forms. Those assets will be protected from any collections efforts if you fail to make any payments required by the repayment plan.

But there's some bad news, too. When you file, the court issues an automatic stay that stops collection efforts and interest accrual on your debts. Your spouse's creditors won't be included in the stay, so their creditors can continue to send communications and charge interest on balances.

How the Craig Black Law Firm Can Help

Untangling your finances from your spouse's while filing for Chapter 13 can be complicated. I specialize in helping debtors manage their debt through the bankruptcy process. Give me a call at 678-888-1778 or complete this confidential contact form to reach out.