If you are seeking Bankruptcy protection, your spouse is not required to be a co-filing party. However, if you cohabitate, and they have an income source, they will be obligated to produce evidence of their earnings in the form of Pay Stubs, Tax Returns, W-2s and 1099s.
Further, if you have any mutual obligations, whether credit cards, loans, leases, or alternative liabilities, your decision to seek Bankruptcy protection will not shield your spouse from associated liability. Therefore, in such circumstances either they must continue making the requisite payments on those accounts, or they may themselves become subject to collections activities.
