No, your spouse does not have to file with you when you file your Chapter 13.  Married individuals have the right to file an individual case.

Even if your spouse does not file with you, his/her income will still be counted for purposes of evaluating your “ability to pay” your creditors in a Chapter 13.  This is why your Clark & Washington lawyer will ask you to provide paystubs and other proof of income from your non-filing spouse.   Monthly expenses unique to your spouse that do not count as “household expenses” can be backed out for purposes of household income calculations – your lawyer can show you how these calculations work.

Similarly, when you and your lawyer create a budget that will be filed with your Chapter 13 case, your non-filing spouse’s income must be revealed, but your budget can contain expense categories for monthly expenditures that are solely in your spouse’s name.

When you meet with your Clark & Washington lawyer, he or she will evaluate your financial situation and show you how Chapter 13 works if you file jointly with your spouse or if you file individually.  One of the questions that we will always ask – did your spouse co-sign with you on one or more accounts.  If your spouse is a co-signer, he or she can be held fully responsible for 100% payment of a debt that you may pay at only 5 or 10 cents on the dollar.  In such a case a joint filing may make the most sense for everyone.