Under federal law, bankruptcy is an individual right. In Georgia, this remains true—you can file for bankruptcy in Georgia without your spouse, even if you’re married. However, for Chapter 7 and Chapter 13, there are essential nuances regarding income, debt liability, and exemptions that married filers—even solo ones—need to understand.
You Can File for Bankruptcy in Georgia Alone—But Full Household Income is Required
Georgia law allows married individuals to file either jointly or separately. If you choose to file alone, your petition will not list your spouse’s name or Social Security number, and their debts remain theirs.
That said, you must disclose all household income, including your spouse’s, for the federal means test (Chapter 7) and repayment plan calculations (Chapter 13).
🔍 Chapter 7 vs. Chapter 13: How Filing for Bankruptcy Alone Affects You
Chapter 7
- Wipes out most unsecured debts quickly (credit cards, personal loans, medical bills).
- Requires passing the means test—your spouse’s income is counted even in a solo filing.
- Jointly owned assets (like a house or car) are part of the bankruptcy estate, though exemptions can protect many.
Chapter 13
- Reorganizes debt under a 3–5‑year repayment plan.
- Again, all household income, including that of a non-filing spouse, is considered.
- Your spouse won’t list their separate debts, nor will your spouse’s creditors be stayed, but they will share in income distributions under the plan.
Joint Debt: Your Spouse Doesn’t Share Your Discharge
Filing individually discharges only your name on joint debts—your spouse remains fully liable. Creditors can still pursue them if they co-signed any obligation.
Consider this when:
- Most debts—like mortgages, car loans, or joint credit cards—are shared.
- You want to protect your spouse’s credit. Filing alone achieves this only if the debts are individually yours.
- Unpaid joint debts could hurt your spouse, even after you’re discharged.
Georgia Bankruptcy Exemptions: Protecting Your Assets
Georgia requires residents to use bankruptcy exemptions, which can differ significantly depending on whether you file alone or jointly.
- Homestead exemption: Up to $21,500 of equity in a primary residence for individual filers; doubled to $43,000 in a joint case.
- Motor vehicle: Up to $5,000 in equity.
- Household goods: Up to $5,000 total, with items capped at $300 each.
- Jewelry: Up to $500.
- Wildcard: Up to $1,200 in any property, plus up to $10,000 of unused homestead exemption applied where needed.
- Retirement and benefits: Social Security, unemployment, pensions, 401(k)s, and IRAs are fully protected.
Because single filers have lower exemptions, filing without your spouse may reduce your total protected equity, especially for high-value homes.
When Filing for Bankruptcy in Georgia Separately Makes Sense
The following scenarios support an individual bankruptcy filing:
- Debt is only in your name; you want to protect your spouse’s credit.
- Your spouse’s low or nonexistent income could help pass the Chapter 7 means test.
- Your spouse owns significant assets you want to shield, especially if filing alone lets you avoid tapping into homestead equity that would be exposed in a joint filing.
- Only one of you faces creditor threats or bankruptcy necessity.
However, circumstances might warrant a joint filing:
- Most debts are shared.
- Combined income still allows you to qualify for Chapter 7 or create a stronger Chapter 13 plan.
- Exemption limits make it advantageous to file together, protecting more equity under the doubled homestead cap.
Practical Impacts for Your Spouse When You File for Bankruptcy in Georgia
Even if someone doesn’t file, they remain connected to your bankruptcy in a few key ways:
- Income disclosure: Filing requires full household income.
- No protection for non-filing spouse against their creditors. The automatic stay covers only debts you filed for.
- Joint obligations remain enforceable against the non-filing spouse.
- Public records and credit: If repayment relies on household income in Chapter 13, it may influence public filings, though it won’t directly affect the spouse’s separate credit if debts aren’t joint.
What to Do Next: Talk to a Georgia Bankruptcy Attorney
If you’re thinking, “Can I file for bankruptcy in Georgia without my spouse?“, here’s a short to-do list:
- Inventory debts (joint vs. individual).
- Review household income and evaluate how the means tests would apply.
- Calculate asset equity to understand exemptions under individual vs. joint filing.
- Talk to a Georgia bankruptcy attorney—they can walk you through specific outcomes and recommend the best path.
At CMC Law in Atlanta, Georgia, we’ve helped countless Georgia filers understand when—and whether—to file alone. Our team will:
- Analyze your debt portfolio and personal circumstances,
- Compare Chapter 7 vs. Chapter 13 solutions
- Optimize asset protection under state law, and
- Guide you through the sensitive household implications of filing solo.
Schedule your free debt consultation today and take control of your financial future—with or without your spouse.
Disclaimer: This blog is for information purposes only and not legal advice. Consult a licensed bankruptcy attorney in Georgia for personalized guidance.