Does my spouse have to file chapter 13 bankruptcy with me?
No. In fact, unlike chapter 7, joint debtors (often the non-filing spouse) benefit from the automatic stay to the same extent as does the debtor as regards consumer debts. On the other hand, it is often a good idea when there are significant joint debts. The chapter 13 plan will not discharge the non-filing spouse from the unpaid portion of the joint debts.