If my husband and I get separated legally so that I can file bankruptcy, can we still live together?

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If my husband and I get separated legally so that I can file bankruptcy, can we still live together?

Asked on September 12, 2011 under Bankruptcy Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can be married and file separately. If fact if you have separate accounts/assets/credit than your filing should not affect your husband in anyway.  However, if you have joint accounts/joint assets (that are not exempted by law), then your bankruptcy will not affect your spouse.  Additionally, unless you are legally separated and living apart, 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 (although this in no way obligates your spouse either legally or financially). 


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