Notice: Due to COVID-19, we will be conducting all consultations via video or phone. Please don’t hesitate to call us if you have any questions!
Due to Hurricane Ian, our office will be closed starting September 28th and will reopen October 3rd. Please contact us at 813-699-4911 for any questions or concerns.

Married but Filing Separate Bankruptcies

Contact Us

Sidebar Form

Brandon, Florida Bankruptcy Lawyer for Married Couples

Less Expensive to File Jointly

Under certain circumstances, married couples may choose to file bankruptcy as individuals, rather than as a married couple. Filing separately is completely legal. It is also possible for one of the spouses to file, and leave the other spouse off of the petition. If you are married and considering filing separately or as a single individual, it is important to remember that debt assumed while you were married may be considered joint debt. If only one spouse files, it will not relieve the non-petitioning spouse from any debt obligations that may or may not be discharged. A married couple filing as separate petitioners, or if only one spouse chooses to file, generally makes sense only if there is no joint debt.

Are you filing for divorce?

Many couples choose to file bankruptcy prior to their divorce, or as a result of divorce. It is often advantageous to file as a married couple to eliminate the commingling of debt obligations, following your divorce judgment. If you are considering divorce, there are special rules that apply regarding your bankruptcy petition.

In most cases, married couples can save attorneys’ fees and court costs by filing jointly, as both spouses can list joint and personal debt on the schedule of assets, income and debts.

Free Consultation · No Obligation · Serving the Gulf Coast · Call: (813) 699-4911

Learn more about being married but filing separate bankruptcies. Call an experienced Florida bankruptcy attorney at The Golden Law Group. We are ready to answer all of your questions about bankruptcy, debt relief and illegal collections practices.

From convenient office locations in Brandon and Tampa, we represent individuals, families and business owners in communities throughout the Florida Gulf Coast region. If you are over your head in debt and don’t know where to turn for relief, turn to us.

Contact us today for a free, no-obligation consultation.

Get a Free Copy of Our Book

“Bankruptcy in Florida, by G. Donald Golden” answers some general bankruptcy concerns, such as: How do I know if I should file for bankruptcy?”

Life Changing Stories

Our Former Clients Share Their Experiences