Your spouse does not need to join you in filing bankruptcy if you need to file but your spouse does not.
You will need to reveal information about all sources of household income – including your spouse’s income – when you file, and you will need to submit a household budget.
If your spouse is spending money on “luxury” items, the bankruptcy trustee may object, but if you can prove that you have no control over your spouse’s income and assets and if you can show that you do not benefit from his/her spending, you can proceed by showing that you are personally insolvent.
Issues relating to a non-filing spouse’s financial decisions – such as allocating money to a child’s college education, using funds for vacations or an expensive car or house – have to be addressed on a case by case basis.
Your attorney can advise you about potential problems that could arise if you need to file but your husband or wife refuses to do so. But the Bankruptcy Code does not require a married couple to file a joint bankruptcy case.
