Skip to main content

How soon can I file for Bankruptcy after I divorce my husband without him being affected financially?

Everett, WA |

I'm getting a divorce, and have credit card debts in my name. The amount is around $10-15,000. How soon after the divorce can I file for bankruptcy without his income being taken into consideration? I don't want him to have to pay for my debt.
I don't have any assets, and am currently without a job. The house is in his name, and there's no equity in it. He doesn't have any assets either.
How soon after the divorce will the means test apply to my income only?

+ Read More

Attorney answers 1


His income must be listed on the means test as long as you are married. However, once you are legally separated, you may deduct the portion of his income that does not go to your household. Once you are divorced for six months you would not need to include his income at all unless he is paying alimony, child support, etc. The means test is complicated and you should absolutely check with an attorney in your state to be sure you are filling it out properly. Good luck.

Alon Nager
Russack Associates, LLC
100 Severn Ave., Ste. 101, Annapolis, MD 21403

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.