The Short Answer: No
In Michigan, you are not required to file bankruptcy jointly with your spouse. You can file as an individual, even if you are married. Whether it makes sense to file alone or together depends on your specific financial situation — particularly how your debts are structured.
What Happens to Joint Debts?
If you and your spouse share joint debts — such as a mortgage, car loan, or credit card you both signed for — filing alone will discharge your personal liability on those debts, but your spouse will remain fully responsible. Creditors can still pursue your spouse for the full balance. If protecting your spouse from joint debt collection is a priority, filing together may be the better option.
What If the Debts Are Only in My Name?
If the debts you want to discharge are solely in your name, filing individually is often the right move. Your spouse's credit score and financial standing will not be directly affected by your bankruptcy filing. Their income will still be considered in the means test calculation, however, so it is important to discuss this with your attorney.
Does My Spouse's Income Count?
Yes — even if your spouse does not file, their income is included in the household income calculation used for the Chapter 7 means test. This can affect whether you qualify for Chapter 7 or need to file Chapter 13 instead. Attorney Gutting will walk you through this calculation during your consultation.
Will Bankruptcy Affect My Spouse's Credit?
Filing bankruptcy individually will not appear on your spouse's credit report or directly lower their credit score — as long as they are not a co-debtor on the accounts being discharged. Their credit remains separate from yours unless they are jointly liable on a debt.
When Should We File Together?
Filing jointly as a married couple can be advantageous when most of your debts are joint, when you want to protect both spouses from creditor collection, or when combining your cases saves time and filing costs. A joint bankruptcy petition covers both spouses under a single case and a single filing fee.