Will my future husband's income be considered when I file for bankruptcy? 44 Answers as of July 03, 2013

I am a 60 year old widow planning to remarry in Dec. Filing bankruptsy as I have $24000.00 in credit card debt. Will my husband's income be considered?

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Ruiz Law Group, P.C.
Ruiz Law Group, P.C. | Frances Ruiz
Not your while your fiance remains just that. Once he is your husband his income is considered.
Answer Applies to: New York
Replied: 11/10/2011
Paul Stuber, Attorney at Law
Paul Stuber, Attorney at Law | Paul Stuber
Yes, it does if he is presently part of your household.
Answer Applies to: Colorado
Replied: 11/10/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Yes, it is going to be considered for the Means Test.
Answer Applies to: Washington
Replied: 11/9/2011
Law Office of Shane P. Coleman | Shane Coleman
If you are single the day you file for bankruptcy, then your future spouse's income will not be considered.
Answer Applies to: Washington
Replied: 11/9/2011
Charles R. Nettles - Attorney at Law
Charles R. Nettles - Attorney at Law | Charles R. Nettles
It will not be considered until you actually marry him for purposes of the Means Test. For purposes of deciding whether your case is an abuse of the Code based upon your family income pre-bankruptcy vs. post-bankruptcy, it can and will figure into the bankruptcy when you have to show total household income and total household expenses. His expenses also are a part of those household expenses. Depending upon where you reside, any income either of you receive from Social Security may or may not be considered as a part of your household income. Social Security is never counted on the Means Test.
Answer Applies to: Texas
Replied: 11/9/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Meet with a lawyer ASAP. The timing of a wedding may be important, and in some situations his income will count.
    Answer Applies to: Georgia
    Replied: 11/8/2011
    Littleton Bankruptcy Attorney
    Littleton Bankruptcy Attorney | Ronald S. Dee
    Yes, if you are married to him when you file.
    Answer Applies to: Colorado
    Replied: 11/8/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    If you are married in California the answer is yes, as income earned during marriage is community property.
    Answer Applies to: California
    Replied: 11/8/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes. Your spouse's income will be considered if you file for bankruptcy once you are married. If you are not married when you file then only your income is considered unless you are living together and are receiving contributions to the household.
    Answer Applies to: California
    Replied: 11/8/2011
    Heupel Law
    Heupel Law | Kevin Heupel
    Your future husband's income will be considered if you file bankruptcy after you get married. You might consider filing bankruptcy before you get married so it won't be an issue.
    Answer Applies to: Colorado
    Replied: 11/8/2011
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    Yes. You might want to consider filing before marriage.
    Answer Applies to: Colorado
    Replied: 11/8/2011
    Tony M. May Attorney At Law
    Tony M. May Attorney At Law | Tony M. May PC
    If you file for bankruptcy before you get married, your future husband's income should not be considered. However, the fact that you are getting married may come up as part of the bankruptcy petition. You should speak with an attorney to make sure everything is disclosed appropriately.
    Answer Applies to: Nevada
    Replied: 11/8/2011
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    All household income will be considered in calculating eligibility for chapter 7 bankruptcy. If you live with him his income will be counted.
    Answer Applies to: Wisconsin
    Replied: 11/8/2011
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If he resides in your home and contributes to the household expenses, then you are required to disclose his income.
    Answer Applies to: New York
    Replied: 11/8/2011
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    Your income is considered at the time of filing for bankruptcy, which includes your joint income for the 6 months before filing. So if you file for bankruptcy, then your future husband's income will not be considered for your bankruptcy petition. That said, if your income situation changes after filing for bankruptcy, you are required to inform the bankruptcy trustee of this position, including if you have become married and now have a joint income to claim.
    Answer Applies to: New York
    Replied: 11/8/2011
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    If you file the bankruptcy before you marry him, then you will not need to include his income as part of your current income. However, you must disclose any change in income that you reasonably expect to occur within the next 12 months. If he has a high enough income, it is possible that the court might expect you to do a chapter 13 bankruptcy case, instead of chapter 7. However, this requires detailed analysis by an experienced bankruptcy attorney.
    Answer Applies to: Minnesota
    Replied: 11/8/2011
    The Salas Firm
    The Salas Firm | Ron Salas
    Yes, if you are married you must count the entire household income regardless of which member of the family is filing.
    Answer Applies to: Colorado
    Replied: 11/8/2011
    Law Offices of Robert P. Taylor
    Law Offices of Robert P. Taylor | Robert P. Taylor
    I think it's possible. If his income is modest I doubt it would be a big deal. However, if he makes a lot, who knows. If you were my client and he made a lot of money, I would have you wait until your bankruptcy was over to get married.
    Answer Applies to: California
    Replied: 11/8/2011
    Uriarte & Wood, Attorneys at Law
    Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
    It should not. File before you marry.
    Answer Applies to: California
    Replied: 7/3/2013
    Law Offices of Kenrick Young
    Law Offices of Kenrick Young | Nicholas Lazzarini
    If you plan on filing for Bankruptcy before getting married, and your future spouse has noticeable assets or income, it may be advantageous to wait until you are granted a discharge before getting remarried. This will avoid any possible complications regarding the additional assets or income being included in your petition.
    Answer Applies to: California
    Replied: 11/8/2011
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Yes, if you are married and living together when you file bankruptcy, your spouse's income is counted in the "means test," which may make you ineligible for Chapter 7 bankruptcy. You may want to wait until after the bankruptcy to get married. Or, if you get married and have to count his income, you may only be eligible for Chapter 13 bankruptcy, and have to repay part or all of your debt over a 36-60 month period, depending upon what his income is.
    Answer Applies to: Texas
    Replied: 11/8/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    No, as long as you file before you marry, but talk to a bankruptcy attorney first.
    Answer Applies to: California
    Replied: 11/8/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes if you file after the marriage. Spouses have a legal obligation to support each other and his income is available for your support. Furthermore, if he lives in the same household supposedly must contribute his available income for expenses of the household. Unless your future husband makes a lot of money it might not make any difference.
    Answer Applies to: California
    Replied: 11/8/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If you are married when you file bankruptcy then yes, your husband's income will be considered. I suggest filing bankruptcy before you remarry.
    Answer Applies to: Nevada
    Replied: 11/8/2011
    LAW OFFICE OF MARGARET L. EVANS, PC
    LAW OFFICE OF MARGARET L. EVANS, PC | Margaret L. Evans
    If you are NOT legally married NOW, then no, file BEFORE you get married. As long as you aren't legally married at the time of filing, then NO, his income will NOT be considered.
    Answer Applies to: South Carolina
    Replied: 11/8/2011
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