Chapter 13 Bankruptcy Without Your Spouse? What to Know

If you’re married and facing debt trouble, you might wonder if you can file for Chapter 13 bankruptcy without your spouse. Maybe your spouse doesn’t share your debt, or maybe you’re concerned about protecting their credit score. Maybe you just don’t want to involve them if you can help it.

The good news is that, yes, you can file Chapter 13 bankruptcy individually, even if you’re married.

Here’s what you need to know about how this works and what it means for you and your spouse.

Filing Individually in Chapter 13 Bankruptcy

Under bankruptcy law, you’re allowed to file Chapter 13 bankruptcy on your own. There’s no legal requirement for both spouses to file together.

Filing individually means the bankruptcy will only affect debts listed in your name. Your spouse’s credit score and financial situation may remain largely unaffected, depending on how your finances are set up.

How Your Debts Are Handled in Bankruptcy Without Your Spouse

When you file for Chapter 13 bankruptcy by yourself, the court will only consider debts that you owe personally or jointly. Any debts that are solely in your spouse’s name are not part of your case.

However, if you have debts you share—like joint credit cards or a home loan—you have to list these in your bankruptcy. That means your spouse might still be responsible for paying those joint debts, even after your case is filed.

This is an area I’ve seen cause problems in my experience as a bankruptcy attorney, so let’s dive into it a bit more.

What if You Have Joint Debt, Like a Mortgage?

If you and your spouse share debts—like a mortgage, car loan, or joint credit cards—it’s important to understand how filing individually affects those debts.

When you file Chapter 13 bankruptcy by yourself, it will include *your* obligation for those joint debts.

However, your spouse is still legally responsible for the full amount owed on the joint debt. That means creditors can still attempt to collect from them directly.

To protect your spouse and your assets, it’s important to work closely with your bankruptcy attorney. We offer a free consultation where we can discuss your best options.

How Does Filing Alone Affect Your Spouse’s Income?

In Chapter 13, the court will look at your entire household income, including your spouse’s, to determine your repayment plan. Even if you’re filing bankruptcy alone, your spouse’s income matters.

Your spouse won’t have to make payments toward your plan directly, but their income can affect how much you have to pay back each month.

Protecting Your Spouse’s Credit Score

A common worry is whether filing bankruptcy will hurt your spouse’s credit score.

Generally, if you file alone, your spouse’s credit score won’t be affected as long as they keep making payments on their own debts and any joint debts not covered by your bankruptcy.

However, remember that if your spouse falls behind on joint debts that you can’t fully cover in your plan, it can negatively affect their credit.

It’s critical you have an open conversation and careful planning with your attorney to protect both of your financial futures. Even if you plan to file individually, your spouse can talk with our bankruptcy attorneys. We’re happy to help them prepare for what’s ahead.

In addition, we offer a free report to help anyone rebuild their credit to an A rating – even after a bankruptcy. We’re committed to helping you get a fresh start, including with both of your credit scores.

Does Your Spouse Even Have to Know If You File Bankruptcy?

If you’re considering filing Chapter 13 bankruptcy on your own, you might wonder if your spouse has to be involved or even know about it. Legally, your spouse doesn’t have to file with you—but they usually need to know you’ve filed.

First, in most cases, your spouse’s income details are required by the court to calculate your repayment plan, which means they’ll likely find out.

In addition, if you have joint debts, your spouse will receive notices from creditors or the court about your bankruptcy filing.

Perhaps most importantly, being honest about money is important for a healthy marriage.

Being open about your situation helps avoid surprises and stress later on, and it allows both of you to plan effectively for your financial future.

So…Should You File Together or Individually?

Sometimes it makes sense to file bankruptcy alone, especially if the debts are mostly yours and not shared. But other times, filing jointly can offer greater protection—especially if you both have a lot of shared debts.

A bankruptcy lawyer can help you evaluate your options to make the smartest decision.

At our initial free consultation, we can talk through both options and the pitfalls you might face with each. We’ll look at your financial goals and help you work out a plan to protect your assets and your husband or wife.

Talk with An Experienced Bankruptcy Attorney

Filing for Chapter 13 bankruptcy without your spouse can be a smart financial decision, but it requires careful planning. Every case is different, and what works best for someone else might not be right for you.

But if you file without the right help, it can hurt both of your financial futures as an individual and a couple.

Don’t take risks at this stage. Work with a bankruptcy lawyer who knows the system and will help you navigate it.

Our award-winning team can help you every step of the way. We’ve helped thousands of people get out of debt, individually and jointly. With decades of experience, we’ve seen it all. And we can help you, too.

Contact us today for a free consultation or give us a call at 901-327-2100. We look forward to helping you get a fresh start.