One of the first questions married couples ask is:
“Should we file together—or should only one of us file?”

The best answer depends on how your debts are titled, your household income, what you’re trying to protect, and what outcome you want (fresh start, saving a home, stopping lawsuits, lowering payments, etc.).

Option 1: Filing Jointly (Both Spouses File One Case)

A joint bankruptcy is one case filed by both spouses.

What a joint filing usually does

• Both spouses get bankruptcy protection (the automatic stay)
• Both spouses can receive a discharge (if eligible)
• Joint and individual debts can be handled in one case

Pros of filing jointly

• Cleaner long-term reset (especially if most debt is shared)
• Eliminates joint debts for both spouses (if discharged)
• Often cheaper than two separate cases
• Less confusion for creditors and credit reporting

Cons of filing jointly

• Both credit reports show the bankruptcy
• Both incomes are part of the case (important for Chapter 7 eligibility and Chapter 13 plan payments)
• If one spouse has excellent credit and little debt, a joint filing may be more than you need

Option 2: Filing Individually (Only One Spouse Files)

Sometimes only one spouse files bankruptcy. This can make sense when the debt and risk are mostly tied to one person.

When filing separately may make sense

• Most debt is only in one spouse’s name
• The other spouse has strong credit they want to preserve
• One spouse has little or no debt
• There are asset-planning concerns (for example, protecting certain property depending on your state’s exemption rules)

The big catch: joint debt doesn’t disappear

If a debt is joint, and only one spouse files, the creditor may still pursue the non-filing spouse for the full balance.

So if most of your debt is joint (credit cards, personal loans, medical bills in both names), a one-spouse filing may not give your household the relief you expect.

Important: Household Income Still Matters (Even If One Spouse Files)

This surprises people.

Even if only one spouse files, household income can still be counted for Chapter 7 eligibility (means test) and can affect:

• whether Chapter 7 is available,
• whether a Chapter 13 payment is required,
• and how the trustee views the household budget.

Quick rule of thumb (good for readers)

Filing jointly is often best when:

• Most debt is joint, or
• Both spouses need protection from collections/lawsuits, or
• You want the simplest “one plan, one discharge” outcome

Filing separately is often best when:

• Most debt is individual, and
• The non-filing spouse has minimal exposure (not co-signed, not joint), and
• Preserving the non-filing spouse’s credit is a major goal

Bottom line

There’s no one-size-fits-all answer. Joint vs. separate bankruptcy is a planning decision, and the “right” choice depends on the details of your debts, income, assets, and goals.