Filing for bankruptcy is a major financial decision, and many married individuals wonder whether they can file alone or if their spouse must be involved. In Connecticut, the law does allow a married person to file bankruptcy individually. However, deciding whether to file alone or jointly depends on your financial circumstances, the type of debts involved, and how your spouse’s assets and income may be affected. At Grafstein & Arcaro, LLC, we can provide legal assistance to the Connecticut public as they navigate these important decisions.

Individual vs. Joint Bankruptcy Filings in Connecticut

Married couples have the option to file bankruptcy either together (jointly) or separately (individually). Filing individually can be the right choice if:

• Your debts are solely in your name
• Your spouse has strong credit you want to protect
• Your spouse does not want to be involved in the bankruptcy

But even when only one spouse files, both partners’ financial information may need to be disclosed because the court must understand the full household income and expenses. This does not make your spouse a co-filer—it simply helps determine eligibility for Chapter 7 or payment requirements under Chapter 13.

How Individual Filing Can Affect Your Spouse

Even if your spouse does not join the bankruptcy, the filing may still affect them in certain ways:

1. Joint Debts

If both spouses are listed on a debt—such as a joint credit card, loan, or medical bill—the bankruptcy does not eliminate your spouse’s responsibility. Creditors can pursue payment from the non-filing spouse.

2. Household Income

Your spouse’s income will be included in the “means test” calculation if you file Chapter 7. This may influence whether you qualify. For Chapter 13, household income affects the repayment plan.

3. Shared Property

Connecticut follows an “equitable distribution” approach in divorce, but for bankruptcy purposes, all property you and your spouse own—whether separately or jointly—must be disclosed. In Chapter 7, the trustee may consider joint assets when determining exemptions and whether any property can be sold to pay creditors. Connecticut’s exemptions, however, often protect most or all household assets.

When Filing Jointly May Be Better

There are situations where filing together makes more sense:

• Most household debt is shared
• You want to discharge both spouses’ obligations at once
• Your spouse is also facing financial difficulty
• A joint filing may save time and reduce total legal and court fees

Filing jointly may provide a cleaner financial reset for couples experiencing combined financial strain.

Choosing the Right Filing Strategy

Deciding whether to file individually or jointly should be based on a detailed review of your:

• Debts
• Household income
• Assets and exemptions
• Long-term financial goals

At Grafstein & Arcaro, LLC, we can provide legal assistance to the Connecticut public by helping individuals understand their options, protect their family’s assets, and choose the filing strategy that best fits their financial future.