Yes, one spouse can file Chapter 7 bankruptcy without the other spouse. Marriage does not automatically mean both people must file together. If most of the debt is in your name only, it may make sense for only you to file.
For example, if you have credit card debt, medical bills, or personal loans that are only under your name, Chapter 7 may help discharge those debts without requiring your spouse to file. Your spouse’s credit report should not show your bankruptcy simply because you are married.
That said, the bankruptcy court may still look at household income and expenses. Even if your spouse is not filing, their income may be considered when determining whether you qualify for Chapter 7. This is because the court wants to understand the full financial picture of the household.
