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Would A Divorce Allow My Spouse to File Chapter 7 Rather Than 13 Bankruptcy?

My wife owes 60k dollars of debt. I do not owe anything and have great credit. An attorney told us she can’t file Ch 7 because our combined income is too high. If we got divorced would that enable her to file Ch 7 and get rid of the debt all together rather than fighting creditors for the next 4-5 years in Ch 13? We don’t want to divorce, but I don’t want her creditors deciding what we can or cannot do in the future with funds.

I am not trying to “evade” any law or statute. I’m stating that currently, we can not live financially with the terms set out to us in Ch. 13. So in this instance, if we get divorced and it allows her to file Ch. 7 due to the means test, is this an option. We would be divorcing due to financial hardship and strain to the marriage.

When filing bankruptcy Courts consider HOUSEHOLD income and HOUSEHOLD expenses. In addition, the past six months are what matters for a means test calculation. If you and your wife combine funds, then both incomes would be considered, regardless of whether you are divorced. An experienced bankruptcy attorney can give you more information.