Do I have to include my husband's income if I am legally separated? 19 Answers as of May 30, 2013

My husband and I are legally separated and live in separate homes. I am on social security disability and would like to file a Chapter 7 bankruptcy to get my taxes dissolved. I also get a social security benefit for my son although my husband is the payee. Do I have to include my husband's income in the bankruptcy?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
No, not if you live separately.
Answer Applies to: New York
Replied: 2/27/2012
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
If you are living separate and apart from your husband then you do not have to include his income. The only income that the court will need you to verify will be the actual income that comes into your household.
Answer Applies to: California
Replied: 2/27/2012
The Barger Law Firm
The Barger Law Firm | Jason W. Barger
No, you only include income that is earned by persons in your household. If the two of you are living in separate households, then only your income is considered. However, if he is paying you money, for whatever reason, then those payments would be included as income. If your son lives in your house, the social security payment would be included in your "household income." You cannot discharge taxes, period. A Chapter 7 will not help you in that regard. A Chapter 13, however, will allow you to pay the taxes back over a period of time, between 36 to 60 months.
Answer Applies to: Texas
Replied: 2/24/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No, just what you get.
Answer Applies to: California
Replied: 2/24/2012
Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
No you do not need to include your husband's income if you are separated and live in separate homes. Furthermore, you do not have to include your social security in your means test to qualify for a chapter 7.
Answer Applies to: Michigan
Replied: 2/24/2012
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    You don't have to include his income if you are separated and he is not giving you any money or paying any of your expenses.
    Answer Applies to: Minnesota
    Replied: 2/24/2012
    J.M. Cook, P.A. | J.M. Cook
    If you are legally separated and living apart, you probably can file without his income being included, or include it and then deduct it under the marital deduction. However, if you are filing to discharge tax debt, you should know that most tax debt is non-dischargeable in bankruptcy. It must be of a certain age and then it has usually become a tax lien.
    Answer Applies to: North Carolina
    Replied: 2/24/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    If you live in a separate residence from your spouse, your spouse's income does not have to be included on your schedules.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    You have to include the amount that he actually gives you. You do not need to include the amount that he receives.
    Answer Applies to: Washington
    Replied: 2/24/2012
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    You do not. You have to file a declaration of separate households, which is incorporated into the standard Court-mandated forms, but you have to find it in the means test form to complete it.
    Answer Applies to: California
    Replied: 2/24/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Jackie Ferguson Graham
    If you have not been living together for the six months immediately prior to filing a bankruptcy, then you do not have to include his income in the means test. Some types of Social Security benefits are not included on the means test either.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you are separated from your husband and have different homes, then you can file the Chapter 7 case without having to include his income. So, you don't have to use his income.
    Answer Applies to: California
    Replied: 2/24/2012
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    No.
    Answer Applies to: California
    Replied: 5/30/2013
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Unfortunately yes because there is no such thing as legal separation. Legally speaking, you're either married or divorced (single).
    Answer Applies to: Florida
    Replied: 2/24/2012
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    Generally a spouse's income is included. However, if your husband is not contributing financially to your support and maintenance you can indicate this on the means test (Form 22A) and his income will not be included in determining your eligibility for Chapter 7 relief. Social security benefits are excluded from the means test calculation, and you said your son is receiving the benefit. Be sure to disclose all of your assets and debts to the bankruptcy trustee. Explain your financial situation completely and truthfully.
    Answer Applies to: California
    Replied: 2/24/2012
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    Your husband's income should not be included if he does not live with you. Any contributions he makes to your household would be disclosed, including amounts you receive or use from you son's Social Security.
    Answer Applies to: Wisconsin
    Replied: 2/24/2012
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    No, if you are living separately and have separate household, then you do not need to include your husband's income.
    Answer Applies to: Florida
    Replied: 2/23/2012
    Law Office of William C. Wood, LLC | William C. Wood
    No, if you maintain separate residences, you do not have to include your spouse's income. Not all tax debts are dischargeable. I would recommend consulting with an experienced bankruptcy attorney prior to going forward.
    Answer Applies to: Maryland
    Replied: 2/23/2012
    Debt Relief Law Center | Roger J. Bus
    As long as you live in separate households, your "heads on the bed under one roof" income for your "household" would not have to include your spouse on the CMI test.
    Answer Applies to: Michigan
    Replied: 2/23/2012
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney