If a married person files for bankruptcy and does not include his/her spouse in the filing, the income earned by the nonfiling spouse must be included in the means test calculation. According to the bankruptcy code the spouse’s income must be accounted for to the extent that the nonfiling spouse contributes on a regular basis to the household expenses of the debtor and the debtor’s dependents.

There are circumstances when the nonfiling spouses income will not be included for purposes of determining qualification under the means test. One of the situations is if the debtor and the debtor’s spouse are separated or are living separate and apart other than for the purpose of evading the bankruptcy process and avoiding the inclusion of the of the income in the filing. The debtor is required to file a sworn statement specifying that the debtor meets criteria of living separate and apart and disclosing an estimate of the aggregate amount of any money, if any, from the debtor’s spouse attributed to the debtor’s current monthly income.