Does my spouse have to file bankruptcy with me?
There is no requirement that married couples have to file for bankruptcy together. A husband or a wife can file bankruptcy separately.
If most of the debts belong to only one spouse, then it may be the best choice for that spouse to file for bankruptcy alone.
However, most spouses own at least some property jointly and have the same debts. In these cases, the creditors can still go after the non-filing spouse for repayment of the debt.
The precise effect that bankruptcy will have on the non-filing spouse depends on the marital property laws in the state where you live.