Get married before filing 13

[Floridagail]

I have a couple who are living together now 22 yrs, due to her SS income would be taxed if she marries.
He makes good money but is letting his home in his name only, go due to upside down.

He has asked me If He files 13 can he claim her( If she does not file ) as dependent or as member of household since he is supporting her. Her only income is SS. Or would it be better to marry and then could he claim her. They plan to marry when he retires. I have no understanding of 13.

[justbroke]

This has been an interesting topic for years in the bankruptcy court. I had a similar issue but ended up getting married just after filing bankruptcy. As one judge put it, unsecured creditors should not be penalized because of a "lifestyle choice" (in a case where the debtor claimed his live-in girlfriend and her children -- the children was not the debtor's children). In reach the "harsh" decision, the Judge concluded that the debtor could not include his girlfriend or her children in calculating disposable income.

I would run this by an attorney because your (her/his) specific District may not be so "harsh". It's a sad reality, but most Bankruptcy Judges only look to expenses for which you are legally responsible. The court did not consider supporting a girlfriend and her children, a legal responsibility. (Interestingly, they counted for purposes of "household size", but not for support.)