Do I Have to Include a Spouse's Income When Filing for Bankruptcy?
With the changes in the bankruptcy laws which became effective in October 2005, Congress stated specifically that unless the spouses are legally separated or living apart (and not just for the purpose of evading the bankruptcy laws) or have a valid prenuptial agreement, then the non-filing spouse’s income must be included in the means test analysis (which is one of the several eligibility tests now required). [11 U.S.C. 707(b)(7)(B)].
Based on the income level you described, it is possible the court would require you to file a Chapter 13 bankruptcy. If your monthly disposable income falls under $166.67, you can file for Chapter 7 bankruptcy. Otherwise, if you wish to file for bankruptcy, you must file for Chapter 13.