Can Same-Sex Married Couples File Bankruptcy Together?

By Gregory Nassar

Yes. Since, the Defense of Marriage Act (DOMA) was struck down by the US Supreme Court in United States v. Windsor (2013) 570 U.S. __.

Prior to the holding by the Supreme Court in United States v. Windsor, not all bankruptcy courts recognized same-sex married couples and permitted joint filing. Thus, same-sex married couples were required to file separately.

However, same-sex married couples are not required to file bankruptcy together, as one spouse may elect to file separately. If this occurs, both spouses' income and expenses will still be taken into account.

Filing for bankruptcy is a complex process and requires proper planning to determine whether it is best for you. The process entails adherence to strict deadlines and bankruptcy code and procedures. Thus, it is crucial that you select a highly skilled bankruptcy attorney. I make it my goal to provide each client the dedicated time and experience to assist the client with his/her bankruptcy.

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