Married debtor filing single in non-community property state

[allisonccp]

Does a non-filing spouse's income and assets (including wages, real property only in their name, unsecured debts, etc) get included in a Chapter 7 petition if filing in a non-community property state?

[justbroke]

A non-filing spouses wages are used to calculate whether you qualify for a Chapter 7. If you are otherwise over-the-median, with the spouse's base income included, then expect a fight. However, you use something known as the "marital adjustment" where you can reduce the spouse's income based on the spouse's sole debts. Other than debt payment, all other non-filing spouse income will be used in the means test calculation.

So, spousal income, regardless of filing, is used two ways. First, to determine whether you are above or below the median income. Second, it is used again in calculating your "current monthly income" (CMI) if that first test determines that you are above the median income. In the second test, however, the impact of the non-filing spouses income can be reduced based on proven debts for which solely belong to the non-filing spouse.