Should You File Bankruptcy Before or After Getting Married?

Your wedding date is set. You've also got $30,000 in credit card debt and a lawsuit threat from a collection agency. The question: Do you file bankruptcy now, or wait until after the ceremony?

The answer depends on your income, your fiancé's finances, and what kind of debt you're carrying. Get it right and you start married life with a clean slate. Get it wrong and you could drag your spouse into a financial mess they didn't sign up for.

Why Filing Before Marriage Usually Makes Sense

When you file bankruptcy before you're married, the court treats you as a single person. That means three big advantages:

Only your income counts for Chapter 7 qualification. Chapter 7 has an income test called the means test. In 2025, a single person in most states can earn up to $61,000 and still qualify. Once you're married, the court adds your spouse's income to yours—even if they're not filing with you. If your fiancé makes $80,000 and you make $50,000, that combined $130,000 could push you over the limit for Chapter 7, forcing you into a five-year Chapter 13 repayment plan instead.

Your fiancé's assets stay out of it. Before marriage, the bankruptcy trustee can only look at what you own. Your future spouse's car, retirement account, and savings are completely protected. After marriage, things get murky. In community property states like California, Texas, and Arizona, anything acquired during the marriage,including your spouse's paycheck,could be fair game for creditors. Even in non-community property states, if you file individually after marriage, you still have to disclose your spouse's income and certain joint assets.

You qualify for the bigger exemptions. Bankruptcy exemptions protect a certain amount of your property from being sold. In most states, single filers and married filers use the same exemptions, but married couples filing jointly often have to share one set of exemptions instead of doubling up. If you file before marriage, you get your full exemptions with no strings attached.

When Filing After Marriage Makes More Sense

If both of you are drowning in debt, a joint filing after the wedding could be the better move.

You split the cost. Filing bankruptcy costs around $335 in court fees, plus attorney fees that typically run $1,000 to $2,500 depending on your location. Filing jointly means you pay one set of fees instead of two. If you both have debt to wipe out, that's a $1,500+ savings.

You deal with joint debts cleanly. If you co-signed a car loan or share a credit card with your partner, both of you are legally on the hook. Filing jointly discharges both of your obligations at once. If only one of you files, the creditor can still chase the other person for the full balance. That's a recipe for resentment.

You double your exemptions in some states. In states that allow it, married couples filing jointly can use two sets of exemptions instead of one. That means you can protect twice as much property,useful if you own a home with equity, or if one of you has a paid-off car worth $15,000.

The Middle Ground: Filing Individually After Marriage

You can file bankruptcy on your own even if you're married, but it's not as simple as it sounds.

You still have to report your spouse's income. The means test requires you to list all household income, including what your spouse earns. The court assumes your spouse contributes to expenses like rent and groceries, so their paycheck factors into whether you qualify for Chapter 7. If your spouse makes six figures, that could disqualify you.

Your spouse's credit stays clean. This is the main reason people file individually: bankruptcy only shows up on the credit report of the person who filed. If your spouse isn't listed on any of your debts, their credit score won't drop. That means they can still qualify for a mortgage or car loan while you're rebuilding.

Joint assets can still be at risk. Even if your spouse doesn't file, the bankruptcy trustee can look at anything you own together. If you jointly own a house with $50,000 in equity and the exemption only covers $30,000, the trustee could force a sale. In community property states, this risk is even higher.

What Happens to Joint Debts If Only One Spouse Files?

Here's where people get tripped up. If you file bankruptcy and discharge a joint credit card, the creditor loses the right to collect from you. But they can still go after your spouse for the full balance.

Say you and your fiancé co-signed a $20,000 car loan. You file Chapter 7 before the wedding and discharge the debt. The lender can't sue you anymore, but they can sue your spouse. If your spouse doesn't pay, the lender can garnish their wages or repossess the car. You're off the hook, but your spouse is stuck cleaning up the mess.

If you have joint debts, filing jointly after marriage is usually the cleanest option. Both of you get the discharge, and the creditor has no one left to chase.

How Marriage Timing Affects the Means Test

The means test is a financial snapshot based on the six months before you file. If you got married three months ago and your spouse earns $100,000 a year, the court will look at their income for the three months you've been married and prorate it over six months. That could push your household income over the Chapter 7 threshold.

If you file before the wedding, the court only looks at your income. Your fiancé's paycheck doesn't matter. That's why people in serious relationships sometimes file a month or two before the wedding: it keeps the math simple.

Will Your Spouse's Property Be Affected?

Before marriage, no. Your fiancé's car, house, and savings account are legally theirs. The bankruptcy trustee can't touch them.

After marriage, it depends on where you live. In the nine community property states,Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin,everything you earn or acquire during the marriage is owned 50/50. That includes your spouse's paycheck. If you file individually after marriage in one of these states, the trustee can argue that half of your spouse's income belongs to you and should be used to pay creditors. It's rare, but it happens.

In the other 41 states, your spouse's separate property usually stays separate as long as their name isn't on the title or account. But if you file jointly, everything you both own goes into the case,and you'd better have enough exemptions to cover it.

What About Community Property States?

If you live in a community property state and file bankruptcy after marriage, the rules get weird fast. Even if you file individually, your spouse's wages earned during the marriage are considered community property. That means the trustee could use those wages to calculate what you owe creditors in a Chapter 13 plan, or to determine whether you have enough non-exempt assets in a Chapter 7 case.

Filing before marriage avoids this completely. Once you're single in the eyes of the court, community property rules don't apply.

Can You Keep Your Engagement Ring?

Yes, usually. Most states have exemptions for jewelry up to a certain dollar amount,often $1,500 to $5,000. If your ring is worth more than that, you might have to pay the trustee the difference to keep it, or risk the trustee selling it and giving you the exempt amount back.

If you file before marriage, the ring is yours and you claim the exemption. If you file after marriage, it could technically be considered joint property, but trustees rarely go after engagement rings unless they're worth $20,000+.

What If You're Already Planning a Joint Filing?

If you and your partner both have significant debt,say, you owe $40,000 and they owe $35,000,a joint filing after marriage could save you thousands in attorney fees and court costs. You'll file one case, attend one meeting of creditors, and get one discharge that covers both of you.

But make sure you both qualify. If one of you makes too much money, you could be forced into Chapter 13, which requires you to make payments for three to five years. Run the numbers with a bankruptcy attorney before you tie the knot. If only one of you qualifies for Chapter 7, it might make sense for that person to file before the wedding.

How Bankruptcy Affects Your Wedding Budget

If you're planning an expensive wedding while also planning to file bankruptcy, be careful. The trustee will look at your bank statements for the 90 days before you file. If you withdrew $10,000 to pay for a venue, they might ask why you didn't use that money to pay creditors. Preferential payments to certain creditors,like paying off your parents' loan before filing,can also get you in trouble.

File first, then save for the wedding. Or keep the wedding modest and file after. Don't drain your accounts right before filing.

Will Bankruptcy Affect Your Marriage License?

No. Bankruptcy has zero impact on your ability to get legally married. The court doesn't care about your wedding date, and your fiancé doesn't have to disclose your bankruptcy when applying for a marriage license.

What If You Get Married While Your Case Is Pending?

If you file Chapter 7 before marriage and then get married while the case is still open, you need to tell the court. The trustee might ask for updated income information or request documentation about any joint assets you acquire after the wedding. But since Chapter 7 cases only last four to six months, most people time it so the discharge happens before the wedding date.

In Chapter 13, getting married during your case can trigger a plan modification. If your spouse has income, the trustee could argue you now have more money available to pay creditors, and they might ask the court to increase your monthly payment.

Questions to Ask Before You Decide

Do we both have debt, or just one of us? If only one of you owes money, filing before marriage keeps it simple.

Are we over the income limit for Chapter 7 if we combine incomes? Run the means test calculation for your state. If marriage pushes you into Chapter 13, file first.

Do we have joint debts? If you co-signed anything, a joint filing after marriage protects both of you.

Do we live in a community property state? If yes, filing before marriage keeps your spouse's income out of the equation.

Can we afford to file twice? If you both need bankruptcy and can't afford two separate filings, wait and file jointly.

How to Move Forward

Start by talking to a bankruptcy attorney. Most offer free consultations. Bring your income details, a list of debts, and your wedding date. Ask them to run the means test both ways: as a single person filing before marriage, and as a married couple filing after.

If you decide to file before the wedding, move fast. Chapter 7 cases take four to six months, so if your wedding is in eight months, you could file now and have your discharge before you walk down the aisle.

If you decide to file after marriage, wait at least 30 days after the wedding to avoid any community property complications. Use that time to gather documents and finalize your bankruptcy paperwork.

Not sure where to start? Use our free bankruptcy screener to see if you qualify for Chapter 7. It takes two minutes and gives you a clear answer based on your income and debts.

The Bottom Line

Filing bankruptcy before marriage protects your future spouse and keeps the process simple. Filing after marriage can save money if you both have debt, but it also brings your spouse's income and assets into the case. There's no wrong answer,just the answer that fits your situation. Talk to an attorney, run the numbers, and make the call based on what gets both of you to financial stability fastest.