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Bankruptcy and Spouse

Question: If I file bankruptcy, how it is going to effect on my wife and her salary. Will her income be considered in family income during bankcruptcy and do we have to pay 50% off her monthly income.

Answer: Yes, surplus income in bankruptcy is based on family income, so if you go bankrupt, your wife’s income will impact your bankruptcy payment.

However, you are not required to pay 50% of her income if she is not bankrupt. Surplus income is calculated for the family, and then you pay only your portion of that income. Here is a link to an example surplus income calculation where there are two people in the family, and only one person is bankrupt.

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