If I'm a widow, do I need to list my deceased spouse on my forms?

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In a Nutshell

If your former spouse earned taxable income in the current year or the two years prior, you will need to list that income on your bankruptcy forms. You do not need to list any income that they earned prior to this time period, and __*you do not need to list them as a member of your household.*__

Written by Attorney Jonathan Petts.  
Updated July 22, 2020


If your former spouse earned taxable income in the current year or the two years prior, you will need to list that income on your bankruptcy forms. You do not need to list any income that they earned prior to this time period, and you do not need to list them as a member of your household.

If you are likely to receive any benefits for your deceased spouse in the next two years, (life insurance, pension, etc.), you need to list these on your bankruptcy forms as well.



About the author
Attorney Jonathan Petts

Jonathan Petts has over 10 years of experience in bankruptcy and is co-founder and Board Chair of Upsolve. Attorney Petts has an LLM in Bankruptcy from St. John's University, clerked for two federal bankruptcy judges, and worked at two top New York City law firms specializing in... read more

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Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

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