Do you have to be legally separated to file chapter 7?

You do not have to be legally separated from your spouse to qualify for Chapter 7 bankruptcy. If you are married and living together then you need to disclose your spouse's income, but only the amount used to contribute to the household expenses is considered when doing the means test. If you are married and living separately then your spousal income is not considered at all; there is no need for the separation to be formal. And if you're married, living together but keep your money completely separate (you've got your bank account separate, you pay some bills and your spouse pays others, etc.) then it gets slightly trickier but we may not necessarily need to involve your spouse at all.