I’m separated: can I file bankruptcy in Canada as a single person?

Category: Bankruptcy Q&A

Question: if I am still married but havent lived with my wife for 10 years can I file as a single person?

Answer: Yes.   When you file bankruptcy in Canada one of your bankruptcy duties is to provide your trustee with proof of your family income.  In fact, when the trustee is gathering your bankruptcy information they will ask you whether or not you are married or single.

In your case, you are legally married, but you are separated, so in your case your marital status would be “separated”, which means you are subject to the same surplus income rules as a single person.

As with all bankruptcy filings in Canada, only your debts are included, so even though you are legally still married, only your debts are included in the bankruptcy, so again, yes, you are filing as a single person.