No, your spouse does not have to file for bankruptcy with you.  However, a bankruptcy for a married couple is the same fee as for a single person, so it is more cost effective to do it together.  Another reason for filing jointly for bankruptcy is that creditors can go after the other spouse if filed singly. In either case, the incomes of both spouses will be used to qualify for a Chapter 7.   In California, most debt that is acquired during the marriage is considered community debt.  If a couple was separated for a period of time and acquired debt during this period of separation, then that debt may not be considered community debt and in that case the spouse could file separately without repercussion to the other partner.  Many people wonder if they should file bankruptcy while filing for divorce.  We feel that it would be best to file jointly for bankruptcy before the divorce is finalized.  It is best to discuss this situation with an attorney who can advise you as to your options.