Do I have to file bankruptcy with my spouse?

No. You would only file bankruptcy with your spouse if both of you needed and wanted to. It is a business decision because, if only one of you files bankruptcy, then you need to make sure that the family can afford to pay the bills with which the non-filing spouse will be left. This includes co-signed debts that the filing spouse has discharged. In South Carolina, all married people are legally responsible for their spouse’s medical bills. It usually does not cost any more in attorneys fees to file bankruptcy as a married couple (or any less to file alone).