Legal Question in Bankruptcy in California
My wife and I have a Post Nuptial Agreement..meaning we WILL divorce when younger child is 18 (six years)... she no longer can make her share of bills, so she needs to do a Bankruptcy.
Can a spouse file seperate?....or do I need to divorce/legal seperation?
Thank you
Will Poe
3 Answers from Attorneys
Yes she can file separately, but her income for the past 6 months probably will need to be included in the means test analysis.
Depending upon the details of your post-nuptial agreement, your spouse may be able to file for bankruptcy, keeping separate your portions of marital assets defined by the post-nuptial agreement. You should seek advice of an attorney to review the agreement and properly advise you. If you would like more information, please feel free to contact me.
Regards,
Bryan
619.400.4929
Spouses can file separately, but the income of the non-filing spouse is taken into consideration.
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