How Should Married Couples File Bankruptcy?
When filing for bankruptcy, most married couples file a joint petition but a joint filing is not required and both a husband and a wife can individually file a bankruptcy without their spouse.
Each person who files a bankruptcy gets bankruptcy relief for his or her own debts. When one spouse files a bankruptcy petition without the other spouse, for example, a wife files without her husband, her bankruptcy will deal only with her debts and not her husband's debts. Bankruptcy petitions are filed under social security numbers, and her bankruptcy will not include his social security number. If they live in the same household, the husband's income will be considered only to the extent that it is contributed to the household expenses of the filing spouse.