- When one spouse owns significantly more property than the other: When one spouse owns a lot more property than the other, the couple may not be able receive exemptions for all their combined assets under a joint filing. In this case, it’s better for this spouse to file individually so as to safeguard the individual property of the other spouse.
- When one spouse has too much priority debt: Priority debts are non - dischargeable debts /unsecured debts, for example, child support, alimony and some tax obligations. In a chapter 13 joint bankruptcy filing, these debts must be paid in full, which can significantly increase payment plans. Hence, if the couple doesn’t have enough to pay through the repayment plan, filing individually is a better option
