Legal Question in Bankruptcy in New York

The easy answer is that it depends- there are many factors to consider, the most important of which are probably assets and income. It is also possible for spouses to file individually, though in such cases a live-in spouse's income will be considered for purposes of the "means test" - a device used to qualify people for Bankruptcy and prevent abuse of the system.

NOTE: Please bear in mind that the above response is provided for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. Because every case depends on unique facts, it is recommended that you contact and meet with a competent attorney in your area. Kindly feel free to contact me via telephone or email should you wish to further discuss your case and/or the possibility of obtaining representation. Thanks.

I would also add that debts of each spouse and how those debts are held, jointly or individually, will be a big factor.

This is not legal advice.