Do I have to include my spouse's income for means testing if I file an individual bankruptcy while my spouse and I are living separate and
apart under same roof?
Not all circuit court judges are equally accepting of the concept of living separate and
apart under the same roof.
on Do I have to include my spouse's income for means testing if I file an individual bankruptcy while my spouse and I are living separate and
apart under same roof?
Not exact matches
In fact, couples are separated when they commence living «separate and
apart», whether
under the
same roof (i.e., still in the
same home) or in separate residences.
You and your spouse must physically live
apart; Illinois does not consider you separated if you're still
under the
same roof, even if you've terminated your marital relationship.
Prior to Divorce When a couple begins to live separate and
apart (which may include a separation
under the
same roof), without obtaining a limited divorce or legal separation order and without signing a separation agreement, the fact of the estrangement alone generally has no legal effect on the inheritance rights or fiduciary authority of a surviving spouse.
To count as family, the members do not even need to live
under the
same roof (there are commuter marriages and «living
apart together» arrangements, there are divorced families that extend across households, and immigrant families that reach across nations).
Courts often find people have lived their lives «separate and
apart» even
under the
same roof if they haven't lived as a married couple.