Should I File Bankruptcy Before Getting Married?

Should You File Bankruptcy Before Getting Married? 

If you're thinking about filing bankruptcy and also planning a wedding, the timing matters more than you might expect. 

💡 Filing before getting married can help you qualify for Chapter 7 more easily, protect your future spouse from being pulled into your financial situation, and give both of you a fresh start. 

But in some cases, waiting until after you're married and filing a joint case could save money on court fees and wipe out more debt if you both owe a lot.

Here are some key things to consider:

• Your income: Chapter 7 has income limits. Filing before marriage means only your income counts, which can make it easier to qualify. After marriage, both incomes are usually included in the calculation.

• Your future spouse’s property: Before marriage, your bankruptcy case only includes your property. After marriage, some of your spouse’s property could be pulled into the case depending on where you live and how you file.

• Joint debts or assets: If you and your fiancé already share debts or own things together, those may still show up in your case whether or not you're married, but being legally married could change how they’re treated.

• Credit scores: Your bankruptcy only affects your credit, not your future spouse’s — as long as they aren't listed on any of the debts.

• Cost and convenience: If you both have debt to deal with, filing jointly after marriage could be cheaper and more efficient. But if only one of you has debt, filing separately before the wedding might be a cleaner option.

There’s no one-size-fits-all answer. But if only one of you has significant debt, filing Chapter 7 bankruptcy before the wedding often makes the process simpler and avoids bringing that debt into your shared financial life. If both of you are struggling with debt, you may want to explore whether a joint filing after the wedding makes more sense.

The Upside of Filing Chapter 7 Bankruptcy Before Marriage

Before your wedding, you and your partner are treated as two completely different people under the U.S. Bankruptcy Code. 

That means: 

• Only your property is part of your bankruptcy.

• Only your debt is erased by your bankruptcy.

• Only your wages and income are considered in the means test. 

Because of all that, individual bankruptcy filings are often simpler. 

⏰ Chapter 7 filings are also quick. Most take just 4–6 months. Once the court grants your bankruptcy discharge, you’ll have a financial fresh start.

Chapter 7 erases credit card debt, medical bills, personal loans, past-due utility bills, and more. This means you can start your married life free from old debts, judgments, lawsuits, or wage garnishments hanging over you.

What Happens if You File Chapter 7 Bankruptcy After Marriage?

If you decide to file Chapter 7 after you get married, your case will be a little more complex. The level of complexity will depend on whether you choose to file jointly or individually.

👥 Joint filing: If you file jointly with your spouse, you’ll include both of your information in your bankruptcy case. This means you’ll both list your income, assets/property, debts, and expenses.

👤 Individual filing: If you’re married, you can still file bankruptcy without your spouse, but you’ll still need to include your spouse’s income and certain household expenses for the means test. Your spouse’s separate debts and assets usually aren’t included unless they’re jointly owned or co-signed.

How Being Married Can Affect Chapter 7 Eligibility

Chapter 7 has income limits, and being married can change how your income is counted. This is true even if you file individually. That’s because the means test looks at your full household income, not just your personal income.

If you file before getting married, only your income is considered in the means test. But if you file after you're married, your spouse’s full income usually gets included in the means test, even if they’re not filing with you.

📈 This can push your household income above the limit for Chapter 7, especially if your spouse earns significantly more than you do. The higher your household income, the harder it may be to qualify.

There’s something called a marital adjustment deduction that might help. It lets you subtract your spouse’s expenses that don’t benefit the household — like child support, alimony, or separate student loan payments. You may need to show documentation for these deductions, and how much they help will depend on your situation.

🤝 The marital adjustment deduction can get legally complex. If you reach this point, it’s a good idea to get legal help. Upsolve can connect you with a local bankruptcy attorney for a free consultation.

How Being Married Can Affect Property & Exemptions

In most Chapter 7 cases, people don’t lose their property, because of exemptions. 

💡 Exemptions are legal protections that let you keep certain things, like a car, household goods, and personal items. Every state has its own rules, and if you're married, you may be able to double some or all of those exemption amounts. That can go a long way toward protecting your stuff.

But marriage can also affect what is considered part of your bankruptcy case, especially depending on where you live.

In community property states, anything you or your spouse buys during the marriage is usually considered shared property, no matter who paid for it. That means even if you file by yourself, most of what you both own together could be part of the bankruptcy estate.

In common-law states, it works differently. Only your property — or anything you own jointly — is part of the case. Your spouse’s separate property is generally not included unless they also file.

Whether it’s your car, your home, or that brand-new toaster oven from your registry, the bankruptcy trustee can only sell it if it’s not protected by an exemption. So the real issue isn’t just what’s included in the case. It’s what’s protected once it’s there. And in many cases, the available exemptions are enough to protect everything.

What To Know About Filing a Joint Bankruptcy Case

Only legally married couples can file a joint bankruptcy case. For some couples, waiting until after the wedding to file together makes financial sense, especially since you’ll only pay one court filing fee instead of two.

But filing jointly can also raise some complications, depending on your income, property, and debt. Here are a few important things to keep in mind:

• 💰Your combined income counts. In a joint case, the means test includes both of your incomes. If your household income is too high, you may not qualify for Chapter 7 and might need to look at Chapter 13 instead.

• 🚗 All property is included. Everything owned by either spouse — jointly or separately — becomes part of the bankruptcy estate. If your spouse owns property that isn’t protected by an exemption, the trustee may be able to sell it to pay creditors.

• 📃 It affects both of your credit reports. Filing a joint bankruptcy will show up on both credit histories. If your spouse also has significant debt, this could still be a good opportunity for a fresh start. But even if they don’t have much debt of their own, their credit score will still take a hit.

• ⚖️ It could become an asset case. If one spouse owns a lot of valuable property that’s not protected by exemptions, the case may be considered an "asset case," which typically stays open longer. In contrast, most Chapter 7 cases are “no-asset” cases that wrap up in just a few months.

One more thing to think about: If you both qualify for Chapter 7 now, but your combined income would be too high after getting married, you might lose the option to file under Chapter 7 if you wait. That’s why timing can make a big difference.

This can be a complicated and highly personal decision to make. It may be helpful to get a free consultation with a bankruptcy attorney to better understand your options, eligibility, and timing.

How Does the Timing of a Marriage Impact Chapter 13 Cases?

Chapter 13 works very differently from Chapter 7. Instead of wiping out debts quickly, it sets up a repayment plan that lasts 3–5 years. That longer timeline — along with more paperwork and court oversight — makes Chapter 13 more complex and demanding for most people.

👉 Some filers choose Chapter 13 because:

• They earn too much to qualify for Chapter 7.

• They’re trying to catch up on missed mortgage or car payments.

• They want to keep property that wouldn’t be protected in a Chapter 7 case.

• They filed a Chapter 7 case recently and aren’t eligible to file again yet.

If you’re considering Chapter 13, getting married can still impact your case, but in different ways:

• Household income matters. Your repayment plan is based on your income and expenses. If you're married, your spouse's income may be included, which could increase your required monthly payment — even if they don’t file with you.

• Spouse involvement varies. Your spouse doesn't have to file with you, but some of their financial information (like income and expenses) may still be included in your case.

• Planning ahead helps. Since Chapter 13 takes years to complete, it’s a good idea to think carefully about how the timing of your marriage could affect your budget, your repayment plan, and your long-term financial goals.

Because Chapter 13 has more moving parts than Chapter 7, many people choose to talk with a bankruptcy attorney before making a decision, especially when there’s a major life event like marriage on the horizon.