If you are married and filing bankruptcy, either with or without your spouse, you will still have to take into account your spouse’s income and expenses to determine if you meet the income limits under the means test to qualify for Chapter 7. However, that income does not have to be included if you are filing an individual petition in two circumstances.
Section 707(b)(7)(B) of the Bankruptcy Code provides:
In a case that is not a joint case, current monthly income of the debtor’s spouse shall not be considered if—
-the debtor and the debtor’s spouse are separated under applicable nonbankruptcy law; or-the debtor and the debtor’s spouse are living separate and apart, other than for the purpose of evading [the income limits under the means test]; and–the debtor files a statement under penalty of perjury—–specifying that the debtor meets [other] the requirement[s of this section]; and–disclosing the aggregate, or best estimate of the aggregate, amount of any cash or money payments received from the debtor’s spouse attributed to the debtor’s current monthly income.