If you are considering bankruptcy in Colorado but worry about how it may affect your spouse, you are not alone. Many married individuals face financial hardship independently—whether due to medical debt, credit cards, job loss, or unexpected expenses. Fortunately, Colorado law does allow you to file bankruptcy without your spouse, but there are important rules to understand before making that decision.

At Law Offices of Andrew F. McKenna, P.C., we help Colorado residents navigate the bankruptcy process and determine the best approach for their household’s financial future.

Filing Bankruptcy Individually in Colorado

Colorado law and federal bankruptcy rules permit married individuals to file bankruptcy on their own. This is often called an “individual bankruptcy filing.” However, your spouse’s financial information may still play a role, depending on the type of bankruptcy you pursue

and your household’s financial structure.

There are two primary types of personal bankruptcy:

Chapter 7 Bankruptcy and Your Spouse

If you file Chapter 7, the court reviews your household income to decide whether you qualify. That means your spouse’s income must typically be disclosed—even if they are not filing.

Key points:

• Your spouse’s income is included in the “means test,” unless you can show that your finances are completely separate.
• Your spouse’s separate debts and assets are not affected by your bankruptcy filing.
• Only your name will appear on the bankruptcy, and only your debts will be discharged (unless your spouse is a co-signer).

Chapter 7 can be a good option if you have mostly unsecured debt and your household income fits within qualifying limits.

Chapter 13 Bankruptcy and Married Filers

For Chapter 13, you create a repayment plan based on your disposable household income. Because of this, the court typically requires financial information for both spouses to determine the repayment plan—whether your spouse files or not.

Important considerations:

• Your spouse is not required to join your repayment plan.
• Household income helps determine the length and amount of your payments.
• Debts solely in your spouse’s name remain unaffected.

Will Filing Alone Affect My Spouse’s Credit?

No—your bankruptcy filing will not appear on your spouse’s credit report.

However, your spouse may still be affected if:

• They share joint debts with you
• They co-signed a loan or credit account
• You share assets that might be considered by the bankruptcy trustee

Filing alone can be a smart option when only one spouse has significant debt.

When Filing Without Your Spouse Might Be Beneficial

You may consider individual filing if:

• You want to protect your spouse’s credit
• Most debts are in your name only
• You and your spouse maintain separate finances
• Your spouse does not want to be included in the bankruptcy case

Every situation is unique, and a thorough evaluation is important.

Speak With a Colorado Bankruptcy Attorney

Bankruptcy laws are designed to offer relief, but determining whether to file individually or jointly can be complex. At the Law Offices of Andrew F. McKenna, P.C., we help Colorado residents understand their options and pursue the best path for financial recovery.