Personal Injury Lawyers
of Long Island

(631) 801-0057

  • Home
  • Credentials Matter
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Workers Compensation
    • Medical Malpractice
    • Wrongful Death
    • Cruise Accident
  • Blog
  • Free Case Evaluation

October 2, 2020 by PILLI Law

How will marriage affect filing for bankruptcy?

When you are considering filing for bankruptcy and have recently gotten married, you may be wondering how your marriage will affect filing for bankruptcy. One significant change now is that you will be able to file jointly with your spouse if you wish to do so. An experienced bankruptcy attorney understands that filing for bankruptcy is not an easy decision and you want to know if this is a wise decision to make with your spouse. While bankruptcy can be beneficial for many people, it can also become slightly more complicated when you get married. 

 

Filing for Chapter 7 Bankruptcy

When you are filing for Chapter 7 bankruptcy, you and your spouse will need to qualify using the means test. This means that whichever state you live in, your income will be compared to other household incomes within the same state. You will qualify for Chapter 7 bankruptcy if your income is less than the median income in other comparable households. Chapter 7 bankruptcy can be trickier because when you file as a married person, you will need to include both your income and your spouse’s income, regardless of whether you file jointly or as an individual. Thus, even if you both qualify for Chapter 7 bankruptcy unmarried, you may not qualify for Chapter 7 with a combined income. 

 

How does being married positively affect filing for bankruptcy? 

On the other hand, when you are married and you and your spouse decide to file for bankruptcy jointly, this can mean that you both get more of your debts wiped out than you would if you were filing for bankruptcy independently. It also means that you can file one petition for bankruptcy together and attend the same hearings in court. You may also save money in court fees and working with an attorney. 

 

What if I file independently? 

If you decide to file for bankruptcy but your spouse does not need to, this means that only you will need to go to court hearings and your spouse’s separate property will not be in danger when you disclose your assets. The exception to this is if you and your spouse are in a community property estate. This means that any community property shared between you and your spouse would then go into the bankruptcy estate. 

 

If you have more questions about filing for bankruptcy as a married couple, please reach out to a lawyer, like a Chapter 7 bankruptcy lawyer, to answer questions and start the filing process. 

 

Filed Under: Uncategorized

  • Home
  • Credentials Matter
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Workers Compensation
    • Medical Malpractice
    • Wrongful Death
    • Cruise Accident
  • Blog
  • Free Case Evaluation

LONG ISLAND PERSONAL INJURY RESOURCES

Long Island Personal Injury Law Firm
Long Island Personal Injury Lawyer
Long Island Car Accident Lawyer
Long Island Workers Compensation Attorneys
Long Island Medical Malpractice Attorneys
Long Island Wrongful Death Lawyer
Long Island Cruise Accident Attorneys
Free Legal Advice
Legal and Financial Advisor Rockville MD
Car Accident Lawyer Long Island NY
Long Island Truck Accident Attorney
Auto Accident Lawyer Long Island
Long Island Car Accident Lawyers
Long Island Auto Accident Lawyer
Long Island Car Accident Attorney
Car Accident Injury Lawyers Indianapolis IN
Who is the Top Bankruptcy Lawyer in Cypress, TX Civil Rights Litigation Lawyer Washington, D.C.
Personal Injury Blog
Denver Bicycle Accident Lawyer
Bus Accident Lawyer Los Angeles CA

Location

500 Merrick Road
Suite 200
Rockville Centre, NY 11570
(631) 801-0057

Free Consultation

Request a free consultation with one of Washington DC's premier personal injury law firms.

Request Free Consultation

No Legal Advice Intended. This website includes general information about legal issues and law practices. Such materials are for informational purposes only and should not be considered legal advice or counsel. Information may not reflect current legal standards. For legal advice specific to your needs, contact an attorney licensed in your jurisdiction. Do not rely on any statement on this website for any reason whatsoever. Furthermore, the information contained in this website is for informational purposes only. It is not, nor is it intended to be, legal advice or representation. Your review or use of this web site, its information and links does not create an attorney-client relationship or an attorney-client privilege between this law firm and you. Statements made to this firm before the formation of an attorney-client relationship may not be privileged and confidential.



© COPYRIGHT 2025 LONG ISLAND PERSONAL INJURY LAWYERS | POWERED BY Matador Solutions - Internet Marketing Company

Other Resources
American Bar Association | The American Lawyer | National Lawyers Association | Lawyers Without Borders | American College of Trial Lawyers | American Bar Association | National Association of Women Lawyers | Lawyers Associated Worldwide | Cohen & Cohen P.C. | Auto Accident Lawyer DC | Auto Accident Lawyers Washington DC