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Separate household but not divorced

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  • Separate household but not divorced

    Hello everyone. I am finally planning to face the music and plan for Bankruptcy filing. I will admit that the very thought of it makes me sick, but what can you do? I had hoped to work out payment plans with my creditors but I have found the debt collectors to be so sneaky and aggressive that I no longer have any moral concerns about this. That said, here are my facts: 1. All of my debts were incurred before I married my current (2nd) wife. 2. We have no joint assets of any kind, no even a joint bank account. 3. We are currently living separately. I do not yet know whether this will result in divorce or formal separation. (She has a child by her first marriage. The child and I do not get along, to put it mildly. I had to move out for the sake of my own safety and sanity.) I am now 65 years old. I have tried to start a business but getting it to the point where it produces any real level of income is going to be, at best, a long proposition and I do not know if it is possible. My wife has a good job. My own living expenses are covered by Social Security payments and over the past few years by withdrawals from my IRA.

    The question -- and thank you for your patience in getting this far-- is this: Assuming that I am forced to file Ch 13, to what extent will my wife's income be included when a repayment plan is imposed on me? She will absolutely refuse to pay for my debts. We do not live in a community property state.

  • #2
    Why do you believe you will need to file a Chapter 13?

    Comment


    • #3
      keepmine asks a good question. Many people come here thinking they don't qualify for a Chap 7, but learn that they do.

      On the means test, if a non-filing spouse does not live with the debtor, the non-filing spouse's income is not included unless she contributes to the filing spouse's expenses. If she does contribute, only her contribution is included in income. If you do have to file Chap 13, the same is true when determining your plan payment.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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