Do I Have to Report My Spouses Income When Filing Bankruptcy?
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Maybe. When you file bankruptcy, the bankruptcy court must know about all income that comes into the house, whether the income comes from only the person filing, their spouse, or even a roommate that pays rent.
You Must Report Your Spouse’s Income, if:
1) If you are filing bankruptcy jointly, you must put both the wife and husband’s income on the bankruptcy petition including Schedules I and J and the bankruptcy means test.
OR
2) If you are filing by yourself but your spouse lives with you, you must report his or her income on the bankruptcy petition.
You Do Not Have to Report Your Husband or Wife’s Income, if:
1) You are not married, that seems simple enough!
OR
2) You are legally separated and your spouse has their own residence. This is typically a situation where you are separated but not divorced yet. In this case since your spouse’s income provides for a separate residence and not your’s, you do not have to report his or her income on your bankruptcy petition.
