Can an Unmarried Couple File a Joint Bankruptcy Case?

There are many benefits to filing a joint bankruptcy petition for married couples in Florida. When you file a joint bankruptcy petition — when you both want to file for bankruptcy, to be clear, since spouse can also file individually — you can double most exemptions, and you can also avoid paying double filing fees. If you have been with your partner for years, or even decades, can you also take advantage of a joint bankruptcy petition if you are not legally married? The short answer is no — only legally married couples can file a joint petition. Our South Florida bankruptcy attorneys can explain in more detail below, and we can discuss your options with you if you and your long-time partner both want to file for personal bankruptcy in Florida.

Only Legally Married Couples Can File a Joint Bankruptcy Petition in Florida

Only legally married couples in Florida can file a joint bankruptcy petition in the state. Your marriage does not need to have occurred in Florida — a legal marriage from another state is recognized in Florida. As such, as long as you meet the residency and other requirements for a Florida bankruptcy filing, you can file a joint petition with your spouse if you are married.

To be clear, even if you and your partner entered into a legal domestic partnership in Florida, this legal relationship does not qualify you to file a joint bankruptcy petition. While a declaration of domestic partnership allows for other types of legal rights in the state associated with marriage, those rights do not extend to joint bankruptcy filings.

You Can Get Married and File Jointly for Bankruptcy After the Date of Marriage

What about couples who entered into domestic partnerships before same-sex marriage was legal in Florida, and they never went through with a legal marriage? Or, how are opposite-sex couples in long-term or even life partnerships treated? As we noted above, you must be legally married to qualify to file a joint bankruptcy petition. If you are not currently married, you can get married and then file a joint bankruptcy petition after the date of the marriage.

There is no specific waiting period from the date of marriage to the date of filing a joint bankruptcy petition in Florida.

Contact Our West Palm Beach Bankruptcy Attorneys for Assistance with Your Consumer Bankruptcy Filing Today

If you and your long-time or long-term partner want to file for bankruptcy, you will need to do so separately, as we have discussed above. Notably, as we discussed, couples in domestic partnerships do not have the rights of a married couple when it comes to a joint bankruptcy petition. Accordingly, the only way to file a joint bankruptcy petition with your partner is to be legally married. If you have questions about dual bankruptcy filings or moving forward with your individual bankruptcy case, an experienced West Palm Beach bankruptcy lawyer at Kelley Kaplan Delaney & Eller, PLLC can assist you. Contact our firm today for more information and to find out about the bankruptcy services we provide to clients in South Florida.

Sources:

law.cornell.edu/uscode/text/11

miamidade.gov/global/license.page?Mduid_license=lic1495052452022546