Legal Question in Bankruptcy in Illinois

Husband and wife were just divorced, but until they can afford two households they remain living in the same house. They agreed that they would separate their finances. Each spouse pays their own expenses from their own income; they each pay � of the mortgage and other property expenses. The wife wants to file bankruptcy before she finds her own residence. She asked me if her bankruptcy analysis needs in include her ex-husband�s income if they are already financially separated and legally divorced.


Asked on 10/20/10, 7:51 am

1 Answer from Attorneys

Caroline Palmer Law firm of Caroline Palmer

In Illinois an individual can file for bankruptcy and not include their spouse's income even if they are not divorced. If the couple is legally divorced, the wife should not include her ex-husband's income or any property he owns as a result of the divorce decree.

If your friend wishes legal advice, it is better that she ask it herself as the Attorney Disciplinary Commission frowns greatly on third party advice.

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Answered on 10/25/10, 8:07 am


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