Will bankruptcy affect my future spouse? 19 Answers as of June 24, 2011

I am getting remarried in August. Will bankruptcy affect my soon to be wife? I only have 1 year left and I don't plan on telling her, is there anyway she will find out? Could this cause any other sort of complications?

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

Free Case Evaluation by a Local Lawyer: Click here
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
When you say you have one year left, I'm assuming you are in either a Chapter 13 or Chapter 11 case, although you don't specify. If you live in a community property state and you get married during your repayment plan, then your wife's income will need to be included in your ability to pay and you may need to increase your plan payments. You need to discuss this with your bankruptcy attorney.
Answer Applies to: California
Replied: 6/24/2011
Jackson White, PC
Jackson White, PC | Spencer Hale
I wouldn't recommend keeping secrets from your wife to start your marriage. Anyway, if it is a chapter 7 you will not have any problems. If it is a chapter 13 then your payment amount could change depending on the increased income and express that come from getting married.
Answer Applies to: Arizona
Replied: 6/24/2011
Colorado Legal Solutions
Colorado Legal Solutions | Stephen Harkess
Your bankruptcy will only affect your future spouse to the extent that you seek to do things jointly. It will not show up on her credit just because you are married. Bankruptcy is a public record that anyone can search, so she can certainly find out about your bankruptcy filing if she puts her mind to looking. You may want to consider the general (though not legal) complications created by trying to keep secrets from someone you are marrying.
Answer Applies to: Colorado
Replied: 6/23/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
No. But not telling her is not at all appropriate. She will figure it out. Not good to enter a relationship on lies.
Answer Applies to: Michigan
Replied: 6/23/2011
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
An important consideration is that marriage may affect your disposable income, and your chapter 13 payments are in main-part a function of disposable income (nonexempt assets factor in as well, for example). Discuss your impending nuptials with your bankruptcy attorney. I wouldn't dare give marital advice, however, there's no legitimate/valid reason to conceal the bankruptcy from a close one. Bankruptcy is a responsible and pro-active choice. It is a sound financial means of protecting one's assets and better providing for one's family.
Answer Applies to: California
Replied: 6/23/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    If you try to use both your credit to get a loan, she might find out bc your BK has an adverse impact on your credit score.
    Answer Applies to: Washington
    Replied: 6/23/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Sounds like you're in a Chapter 13. I don't believe her income has to be worked in, but you should check with your lawyer. You should also tell her, because secrets cause complications.
    Answer Applies to: Virginia
    Replied: 6/23/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    I wouldn't necessarily agree with keeping something like this from your spouse. If you are involved in a Chapter 13 Plan, the Trustee may want to see what new financial circumstances you are finding yourself in and it would likely affect your spouse. Also, if you are in a Chapter 13 Plan you may not take on any additional debt without Court permission which could affect your ability to purchase a home or a car. If you filed a Chapter 7 and it is coming off of your credit report in one year, it will be up to you as to whether or not you wish to disclose this information.
    Answer Applies to: New Hampshire
    Replied: 6/23/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    It will affect your future credit and that of the couple. you have an obligation to inform them prior to marriage.
    Answer Applies to: California
    Replied: 6/23/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It will not affect her at all..... but lying to her may affect your relationship in the future, in my humble opinion.
    Answer Applies to: California
    Replied: 6/23/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    Depends upon what chapter BK you file, 7,11,or 13. Bankruptcy filings are reflected on your credit report for 10 years so the fact of your filing will affect your ability to get financing with your new wife in the future.
    Answer Applies to: Georgia
    Replied: 6/23/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    No, bankruptcy has nothing to do with a spouse's credit.
    Answer Applies to: Indiana
    Replied: 6/23/2011
    Sariol Legal Center
    Sariol Legal Center | Frank R. Sariol
    Are you presently in a Chapter 13 or Chapter 11 plan? If so, that should not affect your wife. If she works and your household income increases as a result, you may have to amend the plan to show the extra income from your wife. If you are represented by an attorney, sit down and talk with him/her. He/she should be able to advice you. As far as telling her about the BK, I suggest you be transparent with her. Nothing kills a relationship faster than lack of trust and hiding a material things like this could leave her not trusting you in the future. Always be honest with your wife. Thank you.
    Answer Applies to: California
    Replied: 6/22/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Filing bankruptcy prior to marriage will not affect the non-filing spouse unless there is a joint application for credit, in which case the credit reports are "married" and the bankruptcy shows up.
    Answer Applies to: California
    Replied: 6/22/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    It won't effect your future wife. Not sure how you'll keep it from her if you still have year to go.
    Answer Applies to: California
    Replied: 6/22/2011
    Evan M. Altman Attorney at Law
    Evan M. Altman Attorney at Law | Evan M. Altman
    Your future wife will not be liable. I have no way of knowing if she will find out.
    Answer Applies to: Georgia
    Replied: 6/22/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    When you say you have one year left, I presume you are in a Chapter 13. Other than where money is going every month for Chapter 13 plan payments, why your credit in the next few years is bad when both of you seek credit, and starting a marriage with a lie, no.
    Answer Applies to: California
    Replied: 6/22/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you feel you have to lie about your case to a future spouse, please do her a favor, break the engagement, and stay away from her. A bankruptcy is a public record, so she certainly could learn about it. Your concealment makes it more likely she might engage in transactions where she would be affected but could have otherwise avoided it.
    Answer Applies to: Georgia
    Replied: 6/22/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney