What to do if I want to claim bankruptcy but I am afraid it will affect my fiance once we get married?

If I do it before we get married will it still affect him? What if I do it after the wedding; will it still affect him if our taxes are files separately?

Asked on June 7, 2012 under Bankruptcy Law, Wisconsin


Rebecca Coleman

Answered 8 years ago | Contributor

If you are concerned about the bankruptcy's effect on your fiance, you should definitely file before you get married, rather than after. Once you are married, your husbands income must be considered as part of your household income and will help determine if you can file for Chapter 7 or have to file under Chapter 13. And if you do file for a Chapter 13, your husband's income will be considered when determining how much money you have to pay each month. The effect on your fiance will be far less (and possibly non-existent) if you file before you get married.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.