Should I get married before filing for bankruptcy or after?

Question Details: My fiance and I are looking to get married in the state of Florida. Should we wait until after I file or not?

Asked 10/20/2009 under Bankruptcy | 597 View(s) | More Legal Topics

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Bankruptcy Law Answers

One spouse can file for bankruptcy without the other spouse having to do so; however, this is probably something that you should consider doing first.  For one thing, for purposes of qualifying for the means test, in a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household's income.  This, however, in no way obligates your spouse, either legally or financially. 

Note:  If you both need to file, then you can wait until you are married; spouses that file together save on filing fees and other costs.

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