Marriage and Bankruptcy in Arkansas

There are many facts - along with a lot of myths - out there about couples filing for bankruptcy during a marriage. This post highlights a few different things married couples in Arkansas should consider before pursuing bankruptcy.

In some cases, married couples may be on the road to considering bankruptcy – whether Chapter 7 or 13. There are various things to consider in these instances (as each filing is very different), and this post outlines some of the issues specific to couples looking to file in Arkansas.

Benefits of Filing for Bankruptcy as a Married Couple in Arkansas

If you and your spouse want to file jointly, you may both be able to wipe out your debt together at the same time. You could also save on filing fees as you’ll be filing under one case instead of two. You may also save on legal fees as many attorneys charge the same prices for a joint filing as a singular. Joint filers also attend their meeting of creditors together, and the dual work creates more of a straightforward process.

Drawbacks of Filing for Bankruptcy as a Married Couple in Arkansas

In Arkansas, the biggest drawback is that both spouse’s credit scores and creditworthiness will be affected regardless of who was responsible for the financial issues. If you and your spouse plan on staying together after the bankruptcy, it’s often better to have one spouse take the credit score hit so the other can have the ability to apply for loans, credit cards, and the like.

Other Considerations for Married Couples Looking at Bankruptcy in Arkansas

Suppose each spouse has a considerably different credit score. In that case, it may be worth having the spouse with an already-low credit score file for bankruptcy to wipe out all of their qualifying debt and gain the ability to start over financially. Additionally, while Arkansas is not a community property state, some courts may view assets acquired during marriage as co-responsibility and put the financial health of the non-filer at stake. Also, married individuals must include the non-filing spouse’s income.


Suppose you and your spouse (or you as an individual) are considering a Chapter 7 or 13 bankruptcy. In that case, it’s crucial to speak with a knowledgeable bankruptcy attorney to learn about the process, your options, and which one may be right for your specific situation. Call the team at Natural State Law today at (501) 916-2878 to learn about how we’ve helped Arkansas couples restart their financial lives.