bankruptcy and separation

If I am still presently married and have a postnup agreement in place and start the legal separation process, can I file bankruptcy without my husbands income being a factor---and would I be legally liable for his debt (and can he be liable for mine)?
Additional information
I have had the postnup agreement in place for several years already, and would just now be putting it into effect.

Answers (1)

Gregory J. Jalbert

Gregory J. Jalbert

Contributor Level 5
My best advise to you is to seek the advise of a competent bankruptcy lawyer. Most bankruptcy lawyers offer a first visit free consultation. Make sure that you select an attorney that has been practicing law for a considerable period of time and who's emphasis is on bankruptcy law. When you call to make an appointment be sure to find out what documents you should bring to your meeting in order to get the maximum benefit from your free consultation.
Be sure to give the attorney a copy of the postnup agreement. It will be important for the attorney to know how long you have been living separate from your spouse as there is a 6 month look back on income to see if you qualify for a chapter 7.

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