How Bankruptcy Affects Your Spouse or Partner

Filing for bankruptcy is a big personal decision—but if you’re married or in a committed relationship, it’s natural to worry about how it might affect your spouse or partner. The truth is, bankruptcy doesn’t always involve both people, and your partner may not be impacted at all, depending on how your debts and assets are structured.

Here’s what you need to know.

💍 Do I Have to File Bankruptcy with My Spouse?

No. You are not required to file bankruptcy jointly just because you’re married.

You can file:

• Individually (just you)
• Jointly (you and your spouse together)

The right choice depends on who is legally responsible for the debts.

💳 Who’s Responsible for the Debt?

• Individual Debt: If the debt is only in your name, your spouse is usually not responsible and won’t be affected by your bankruptcy.
• Joint Debt: If you both signed for the debt (e.g., joint credit card or loan), your spouse is still responsible for it—even if you file.

👉 Example: If you file individually and discharge a joint credit card, your spouse will still owe the full balance unless they also file.

🏠 What About Joint Property and Assets?

In a bankruptcy, the court looks at your income, your debts, and your property. But if you live in a state like Florida—a common law property state—only your share of jointly owned property is considered part of your bankruptcy estate.

Florida also has a strong homestead exemption, which often protects the family home—even if it’s jointly owned.

💡 Will Bankruptcy Affect My Spouse’s Credit?

Not directly.

• If your spouse did not file, their credit report will not show your bankruptcy.
• However, if they are a co-signer or joint account holder, missed payments or defaults before filing may still show up on their credit.
  
  

💰 What If We File Together?

Joint bankruptcy can be a smart move when:

• You both have significant debt
• You have joint debts you want to discharge
• You want a full financial reset as a household

Filing jointly consolidates fees and court costs and may simplify the process.

❤️ What About Unmarried Partners?

If you’re not married, your partner is not legally responsible for your debt—unless they co-signed or are a joint account holder. In that case, their credit could still be affected, and they may still owe.

🧭 Every Situation Is Unique—We Can Help You Decide

At Amerihope Alliance Legal Services, we walk you through every angle—individual vs. joint filing, asset protection, credit impact, and how to keep your household stable. Whether you’re married or not, we’ll help you make the best decision for your future.