Legally Separated

[woodj]

Me and my wife are getting separated. How does this effect chapter 7 and the means test?
How does this change my dependent status? I am currently claiming 5 dependants.
Do I have to include her income on the means test?
Is debt that is in her name dischargeable?

[AngelinaCat]

Gosh, I hate hearing that news.

Have you filed yet, or are you still in the exploration stage?

[woodj]

Still in the exploring stage but still sinking. We were planning on filing in Nov or Dec to allow my wifes income to roll off our total income.

[FreshLikeADaisy]

Woodj, a lot will depend on whether you are filing jointly, and where you are (jointly or singly) housed on the day you file. This will affect the entire filing, but especially the means test and your schedules. A bk filed singly by a guy who is physically separated and living in a separate household of 1 is going to look a LOT different than the bk filed by a guy who is filing jointly with the soon-to-be ex who, for financial reasons, is still living in the same house. Add to that all the possible permutations of household size and configuration, and... you get the picture. You might want to go online and run the means test at legalconsumer.com both ways (filing singly and filing jointly) to get a better idea of how it will affect you.

I'm sorry to hear you're breaking up, but I wish you all the best. Good luck!!!

[Minnymouth]

If you are "parting ways" with your spouse, both of you be kind to yourselves and "file together" and both of you get a "new start" in life..... What better gift could you give each other??

There's a big difference in filing single and filing jointly...... different incomes, and different outcomes at the end.

As in any bankruptcy, anything you own "jointly" plays a big part of the BK picture.....

Have you discussed this with an attorney? Is there children involved? Childsupport that would be part of the bankruptcy? ETC.......

Lots of things involved here, get some opinions from several attorneys...

[JRScott]

I'm sorry to hear this woodj, always sad to see couples split up. I'm assuming kids are involved.

Louisiana is a community property state. It means that each of you are responsible for the debts incurred in the marriage.

As Minny suggests above, it probably would be in both your interest to file jointly and rid yourselves of the debt. If you separate and only you file, they can go after her, if she files and you don't they can come after you because of the community property state.

My parents were separated for 9 months once when I was very small (around 6 or 7). It was mostly due to financial hardships. In the end they got back together and have been relatively happily married since.