If you are considering bankruptcy in Mississippi but only one spouse needs to file, you may be relieved to know that filing individually is often possible. However, the decision affects both spouses in certain ways—especially when it comes to household income, jointly held debts, and shared property. Understanding these implications can help you make a more informed choice about your financial future.

Can You File Bankruptcy Individually in Mississippi?

Yes. Mississippi bankruptcy laws allow one spouse to file without requiring the other to join the case. Many couples choose this route when only one spouse has significant debt or when they prefer to protect the non-filing spouse’s credit.

How Your Spouse May Still Be Affected

Even though only one spouse files, the bankruptcy process still considers the couple’s overall financial situation:

• Household Income Matters
  Mississippi uses the federal bankruptcy means test, which requires including the income of both spouses—even if only one is filing. This determines whether you qualify for Chapter 7 or must file Chapter 13.
• Joint Debts Are Treated Differently
  When one spouse files bankruptcy, only that spouse is protected from collection. If both names are on a debt, creditors may still pursue the non-filing spouse.
• Marital Property May Be Considered
  Mississippi is an equitable distribution state. Property acquired during the marriage may be reviewed by the bankruptcy court, even if held in one spouse’s name.

Benefits of Filing Without Your Spouse

Some reasons individuals choose to file alone include:

• Protecting the non-filing spouse’s credit
• Addressing only the debts of the spouse who needs relief
• Avoiding unnecessary impact on the non-filing spouse’s financial assets

When Joint Filing Might Be Better

A joint bankruptcy may be more efficient if:

• Most debts are shared
• Both spouses have financial hardship
• You want to simplify the process and reduce legal costs

Every situation is unique, and a personalized evaluation is essential before deciding how to proceed.

Get Guidance for Your Mississippi Bankruptcy

Bankruptcy involves significant financial decisions, and the right strategy can protect your assets, your family, and your peace of mind.
At J Madison Brooks III Attorney at Law, we can provide legal assistance to the Greenville public and help you understand whether filing alone or jointly is best for your circumstances.