If my husband and filed for Chapter 13 about 2 years ago and we have 3 years left, can I separate from him while in this?

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If my husband and filed for Chapter 13 about 2 years ago and we have 3 years left, can I separate from him while in this?

We pay the trustee $1,350 a month. Should I file for a divorce or legal separation and can they split the payment down the middle or change the joint filing to individual filing?

Asked on December 20, 2012 under Bankruptcy Law, Maine

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given what you have written about there is nothing prventing you legally from separating yourself from your spouse and residing elsewhere. As to his Chapter 13 obligations, he is responsible for the payment plan, not you since you did not file for such protection.


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