Can One Spouse File Chapter 7 Bankruptcy? What Tampa Couples Should Know

By Mosakowski Law, PA – Tampa’s Chapter 7 Consumer Bankruptcy Firm

When married couples face overwhelming debt, the question often arises: Can just one spouse file for Chapter 7 bankruptcy? The answer is yes, but the decision comes with important legal and strategic considerations—especially in Florida. At Mosakowski Law, PA, we help Tampa residents understand how Chapter 7 works for married filers and non-filers alike so you can make an informed choice.

1. One Spouse Can File Separately

Under federal bankruptcy law, a married individual can file an individual Chapter 7 petition without the spouse filing. Kingcade Garcia Law+2The Bankruptcy Site+2 So if one spouse has large amounts of debt in their name and the other spouse does not, filing alone is an option.

2. Why Someone Might File Alone

Here are situations where filing alone may make sense:

• The debts are primarily in one spouse’s name (credit cards, medical bills, etc.) and the other spouse has little or none. Loan Lawyers+1

• The non-filing spouse wants to protect their credit rating and avoid a bankruptcy appearing on their credit report. christiearkovich.com+1

• The filing spouse fears the combined income of the household will cause ineligibility under the means test. floridabankruptcy.com+1

• The couple has kept their finances largely separate or there’s a prenuptial agreement delineating individual debts. Loan Lawyers+1

3. Key Differences When Filing Separately vs. Jointly

• Household Income Counts

Even if one spouse files alone, the court may require disclosure of the non-filing spouse’s income when determining eligibility for Chapter 7 (via the means test) if the couple lives in the same household. United States Courts+1

• Joint Debts Remain the Non-filing Spouse’s Responsibility

If you and your spouse share debts—such as a joint credit card or co-signed loan—filing alone does not discharge the non-filing spouse’s liability on those debts. Creditors may still pursue the non-filing spouse. Independence Law Firm+1

• Filing Fees & Exemptions

Filing jointly often means a single petition and one filing fee; filing separately means two cases (if the spouse later files) and potentially higher costs. SunCoast Law

• Strategic Considerations for Florida

Since Florida is not a community property state, and has generous homestead and other exemptions, the benefits and risks of filing separately can differ from other states. The filing spouse must assess how the marital assets and debts are structured. Mosakowskilaw.com+1

4. What This Means in Tampa / Florida

At Mosakowski Law, PA (Tampa), we help clients navigate Florida-specific issues when one spouse filings alone. A few important local-specific points:

• Florida’s homestead exemption may allow a filer (or both spouses) to protect a primary residence under certain conditions. Mosakowskilaw.com

• The means test will reflect Florida’s median income and lifestyle standards. Household income (including the spouse’s in many cases) matters. Ruff & Cohen, P.A.

• If you live together, the non-filing spouse’s income may still be factored into your eligibility.

• For joint property or debts, we’ll evaluate whether a joint filing or separate filing is more advantageous given your specific assets, liabilities, and goals.

5. Questions to Ask Before Filing

Before you decide whether one spouse should file alone (or both spouses file), ask:

• What debts are in my name vs. our names (joint)?

• What are the incomes of both spouses and how will they affect the means test?

• What property and assets do we share, and how will exemptions apply?

• Will filing individually protect or expose my spouse’s credit and liability?

• Do we have any pre-marital or post-marital agreements or separations that clarify ownership and responsibility?

• Would filing jointly make more sense even if only one spouse has most of the debt?

6. How Mosakowski Law, PA Can Help

If you’re a Tampa homeowner, wage-earner, or professional facing overwhelming debt, Mosakowski Law, PA offers:

• Free initial consultation to review your individual and household financial picture. Mosakowski Law 1+1

• Guidance on whether you and your spouse should file jointly or individually.

• Help with collecting required documents (income, assets, debts, etc.) to evaluate eligibility for Chapter 7. Mosakowskilaw.com

• Representation through your Chapter 7 filing to maximize debt relief and protect your rights.

Bottom Line

Yes — one spouse can file for Chapter 7 bankruptcy even if the other spouse does not. But it’s not a one-size-fits-all decision. Joint vs. individual filing impacts income qualification, asset protections, liability for joint debts, and credit implications for the non-filing spouse. In Tampa and across Florida, it’s wise to speak with an experienced bankruptcy attorney who understands both the federal code and Florida-specific rules. At Mosakowski Law, PA, we’re here to help you make the smart choice and move toward a fresh financial start.

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