Is there anyway to "shelter" a spouse?

[Needing Help]

If I file a 13, is there anyway to save some of the income for my spouse if she does NOT file? She is a stay at home mom, and has no income? Could some of mine be given to her?

What about seperation? Does is need to be officially ordered by the court? Or does a change of address count?

(Community property state)

[kiddles]

I'm not sure what you're asking - in a Chap 13, the Trustee approves your budget, basically, that allows so much each month for your living expenses, and it is based on your income and family size. The rest (the so-called "discretionary income") is your payment to the trustee for the benfit of your creditors.

[BKOnce]

"shelter" = "hide/hiding"?.. or "support"?

[southerncomfort]

Pretty much the answer is no--there is no way to impute your income to her, to set-up a new residence for her (i.e. separate) requiring its own set of bills, etc. As the person above posted, the BR court will set a budget based on your household's size and expenses and the rest goes to paying off the Chapter 13.

Now, if you were to legally divorce your wife, you would have a budget based on your household expenses plus a child support /alimony (if applicable) payment. But without knowing the details of your case, I would think it is highly unlikely that this option would be beneficial to you, your finances, your wife, or your marriage.