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


Asked on 8/13/09, 6:16 pm

3 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Yes she can file separately, but her income for the past 6 months probably will need to be included in the means test analysis.

Read more
Answered on 8/13/09, 6:19 pm
Bryan C. Becker Your Lawyer for Life.

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

[email protected]

Read more
Answered on 8/13/09, 6:22 pm
Brian Whitaker Lifeline Legal, LLP

Spouses can file separately, but the income of the non-filing spouse is taken into consideration.

Read more
Answered on 8/13/09, 9:58 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in California