Can I File Bankruptcy in Ohio Without My Spouse? What You Need to Know
Can I File Bankruptcy in Ohio Without My Spouse? What You Need to Know
If you are considering bankruptcy in Ohio but are unsure whether you can file without involving your spouse, you are not alone. Many married individuals find themselves solely responsible for certain debts and want to know whether filing individually is possible—or beneficial. The good news is that Ohio law does allow you to file bankruptcy without your spouse, but there are important considerations to keep in mind.
At Roderick Linton Belfance, LLP, we assist individuals throughout the Akron community in understanding their debt relief options and navigating the bankruptcy process with confidence.
Can You File Bankruptcy Alone in Ohio?
Yes. You are legally permitted to file for bankruptcy on your own, even if you are married. An individual bankruptcy filing may be appropriate when:
- The debts are only in your name
- Your spouse prefers not to be involved in the filing
- You are trying to protect your spouse’s credit
- You qualify for Chapter 7 based on your income alone
However, filing individually does not completely exclude your spouse from the process.
How Your Spouse’s Income Affects Your Case
Even if your spouse is not filing with you, their income must still be disclosed because Ohio bankruptcy courts evaluate the household income when determining eligibility for Chapter 7. Their income may impact:
- Whether you pass the means test
- Your repayment obligations in Chapter 13
- How the court evaluates your household budget
There are exceptions—such as when spouses maintain entirely separate households despite being married—but these situations are uncommon.
How Bankruptcy Affects Joint Debts in Ohio
If you and your spouse share any debts, filing individually does not protect your spouse from collection efforts. For example:
- Joint credit cards: Your spouse remains responsible for the full balance.
- Joint loans: Lenders may pursue the non-filing spouse for payments.
In some cases, both spouses filing together offers stronger financial protection.
Will Bankruptcy Affect My Spouse’s Credit?
Your spouse’s credit score will not be impacted simply because you file individually. Bankruptcy is tied to the filer’s Social Security number. However, if joint debts default after your filing, that may affect your spouse’s credit.
When Filing Alone Makes Sense
Filing individually may be beneficial when:
- Only one spouse is liable for the majority of the debt
- You want to preserve your spouse’s credit for future financial planning
- Your spouse does not want their financial records included in the case
- You qualify for Chapter 7 individually but would not qualify jointly
The right choice depends heavily on your household’s financial structure.
Get Guidance on Your Ohio Bankruptcy Options
Deciding whether to file alone or jointly is a significant financial decision. The attorneys at Roderick Linton Belfance, LLP help Akron residents understand the advantages and potential consequences of each option. A personalized review of your full financial picture can help you determine the filing strategy that best protects your future.










