If one spouse files bankruptcy can the credit card company come after the other spouse?

The answer is "it depends." One spouse files for bankruptcy while the other doesn't mean that the other has to be impacted. If the debt is owned solely by one spouse and not the other, the credit card company cannot come after the non-owning spouse.

Who's Responsible For Debt?

In the situation where both spouses have signed for a card, the non-bankrupt spouse will become solely liable for the debt. The credit card company will now pursue the remaining signer for the debt. If a card was signed for by one spouse and the other is an authorized user, the card company cannot come after the authorized user. Card companies may try to pin the responsibility on the authorized user, but the legality of this is dubious at best. The non-signing spouse did not guarantee themselves for repayment of the debt.

Get Legal Help

Before filing for bankruptcy under the married filing single designation, talk to a lawyer. Many times there is marital property that may be at risk. It needs to be determined beforehand if the filing spouse will help pay off the card after discharge, or if it's time to remove the other spouse if possible. A lawyer can help make these decisions work for the best interest of both parties and then assist with filing a bankruptcy.