Yes, you can file bankruptcy without your spouse in Florida. Federal law lets either spouse file an individual Chapter 7 or Chapter 13 case, and your spouse does not need to sign anything or consent to the filing. The catch is that “individual” does not mean “isolated”: the court will still look at your spouse’s income to decide whether you qualify, joint debts will stay on your spouse’s shoulders after your discharge, and property you own together gets handled differently than property in your name alone.
You Can File Without Your Spouse’s Signature
Section 302(a) of the Bankruptcy Code gives married couples the option to file a joint petition, but nothing in the law requires it.1Office of the Law Revision Counsel. 11 U.S.C. 302 – Joint Cases You can file alone at any time, under either Chapter 7 or Chapter 13.
Filing alone usually makes sense when the debt is lopsided. If your spouse has clean credit and few obligations in their own name, pulling them into a bankruptcy case damages their credit score and complicates their ability to borrow for years. A solo filing lets you deal with your own debts while leaving your spouse’s financial profile alone. The bankruptcy itself does not appear on your spouse’s credit report, because the case belongs to you.
Your Spouse’s Income Still Counts
Even in a solo filing, the court evaluates your whole household’s finances. The means test compares your combined household income against Florida’s median for your family size. If you fall below the median, Chapter 7 is generally available; if you exceed it, you may still qualify after allowable deductions, or you may be pushed into Chapter 13.2Office of the Law Revision Counsel. 11 USC 707 – Dismissal of a Case or Conversion As of November 1, 2025, the Florida median is $68,085 for one earner, $84,305 for a household of two, and higher thresholds for larger families.3U.S. Department of Justice. Census Bureau Median Family Income By Family Size
Your spouse’s income counts whether or not they file. There is one important offset: the means test allows a “marital deduction” for money your spouse spends on obligations that do not benefit your household. Separate student loans, their own tax debts, or support payments to a former partner’s household can all be subtracted.4United States Bankruptcy Court for the Western District of Virginia. Non-Filing Spouse and Non-Filing, Non-Spouse Income Outline Documenting those expenses carefully can be what moves you from a Chapter 13 repayment plan into a Chapter 7 discharge.
Joint Debts Stay With Your Spouse
This is the single biggest issue most couples miss. A discharge wipes out your personal liability, but federal law is clear that it does not affect anyone else’s liability for the same debt.5Office of the Law Revision Counsel. 11 USC 524 – Effect of Discharge If you and your spouse both signed for a credit card, auto loan, or medical bill, the creditor can turn around and collect the full balance from your spouse the moment your case ends.
Before filing alone, inventory every joint debt. If the shared obligations are large, filing jointly may actually protect both of you better than a solo case that leaves your spouse holding the bag.
The Chapter 13 Co-Debtor Stay
Chapter 13 includes a protection that Chapter 7 does not. Once you file, creditors are temporarily barred from collecting consumer debts from anyone who co-signed with you, including your spouse.6Office of the Law Revision Counsel. 11 USC 1301 – Stay of Action Against Codebtor The stay lasts as long as your plan is active, typically three to five years. It is not absolute: a creditor can ask the court to lift it, and it disappears if your case is dismissed or converted to Chapter 7. For couples with heavy joint consumer debt, though, it is a real reason to consider Chapter 13 over Chapter 7.
Jointly Owned Property and Bank Accounts
Florida recognizes a form of joint ownership between spouses called tenancy by the entireties. Property owned this way is treated as belonging to the marital unit rather than to either spouse individually, which generally shields it from a trustee reaching for the debts of only one spouse.7Office of the Law Revision Counsel. 11 U.S. Code 522 – Exemptions This covers more than real estate; bank accounts, vehicles titled to both spouses, and investment accounts acquired during the marriage with intent to hold jointly can all qualify.
The shield only works against individual debts. If the debt belongs to both spouses, such as a joint credit card balance or a mortgage you both signed, the creditor can still pursue the jointly held property.
Joint bank accounts are a particular risk. The trustee can presume that funds in a shared account belong equally to both owners and claim at least half. Keeping clear records of which deposits came from which spouse, including pay stubs and direct deposit history, helps prove what is actually yours. Many Florida bankruptcy attorneys recommend separating accounts before an individual filing, because commingled funds make it hard to prove what belongs to whom and the trustee will not take your word for it.
What You Have to Disclose About Your Spouse
Filing alone does not keep your spouse’s finances private. The court requires a complete picture of your household, which means reporting your spouse’s income from all sources, their share of household expenses, and details about jointly owned property.8United States Courts. Chapter 13 – Bankruptcy Basics The court needs this information to run the means test, judge your disposable income, and sort out which property belongs to the bankruptcy estate.
Hiding your spouse’s income or concealing joint assets is bankruptcy fraud under 18 U.S.C. ยง 152, carrying up to five years in federal prison, a fine, or both.9Office of the Law Revision Counsel. 18 USC 152 – Concealment of Assets; False Oaths and Claims; Bribery There is no dollar threshold. Short of prosecution, incomplete disclosure can get your case dismissed or your discharge denied. Trustees have access to tax returns, bank records, and property records, and understating a spouse’s income to slip under the Chapter 7 ceiling is exactly what they look for.
Florida Exemptions That Protect What You Keep
Florida has opted out of the federal exemption system, so a solo filer here uses state exemptions under Chapter 222 of the Florida Statutes and Article X of the Florida Constitution.10Florida Senate. Florida Statutes 222.20 – Nonavailability of Federal Bankruptcy Exemptions The state’s homestead exemption is unusually strong: your primary residence is protected from forced sale with no dollar cap, limited only by size (half an acre inside a municipality, 160 acres outside). To use Florida exemptions at all, you must have lived in the state for at least 730 days before filing.7Office of the Law Revision Counsel. 11 U.S. Code 522 – Exemptions
The other exemptions are more modest. You can protect up to $5,000 of equity in one vehicle. If you do not claim the homestead exemption, a $4,000 wildcard covers any personal property and can be stacked with the vehicle exemption for up to $9,000 of combined protection in a car. Professionally prescribed health aids and federal earned income tax credit refunds are fully exempt.11Florida Legislature. Florida Statutes Chapter 222 Homeowners lose the wildcard, which rarely matters given the unlimited homestead protection, but renters should know it exists.
Costs and Required Steps Before Filing
The court filing fee is $338 for Chapter 7 and $313 for Chapter 13 in Florida.12U.S. Bankruptcy Court Middle District of Florida. Filing Fees Individual filers can apply to pay in installments if they cannot cover the full amount upfront.13United States Bankruptcy Court. Filing a Chapter 7 Case Attorney fees for an individual Chapter 7 case typically run from about $800 to $3,000, with straightforward Florida cases falling toward the lower end.
You also need to complete a credit counseling session from an approved nonprofit agency within 180 days before filing.14Office of the Law Revision Counsel. 11 USC 109 – Who May Be a Debtor If 180 days pass, the certificate expires and you have to retake it. A second course on personal financial management is required after filing and before you get your discharge. Skipping either one stops your case cold.