Florida Chapter 7 Means Test: What the Numbers Actually Mean in 2026
The means test is the federal government's way of determining whether you qualify for Chapter 7 bankruptcy. It compares your household income over the past six months to the median income for a household of your size in Florida. The numbers are updated periodically by the Department of Justice using Census Bureau data, and the 2026 figures apply to all cases filed on or after the effective date.
The concept is straightforward: if your income is below the Florida median, you pass the means test automatically and qualify for Chapter 7. If your income is above the median, a second calculation applies — one that factors in IRS-allowed expenses to determine whether you have enough disposable income to fund a Chapter 13 plan instead.
2026 Florida Median Income by Household Size
The DOJ publishes these figures for use on Official Form B 122A-1 (the Chapter 7 Statement of Current Monthly Income). Here are the current Florida annualized medians and their monthly equivalents:
| Household Size | Annual Median | Monthly Median |
|---|---|---|
| 1 person | $58,816 | $4,901 |
| 2 persons | $75,986 | $6,332 |
| 3 persons | $84,626 | $7,052 |
| 4 persons | $101,542 | $8,462 |
| Each additional | Add $10,200 | Add $850 |
Below the Median: Automatic Qualification
If your current monthly income (averaged over the six months before your filing month) falls at or below the Florida median for your household size, you pass the means test. No further calculation is required. You file Official Form B 122A-1 and stop there.
For a single person in Florida in 2026, that means monthly gross income of $4,901 or less. For a married couple filing jointly with no dependents, $6,332 or less. These are gross figures — before taxes, before deductions, before any withholdings.
Above the Median: The Second Calculation
If your income exceeds the median, you are not automatically disqualified. You complete Official Form B 122A-2, which subtracts IRS National Standards and Local Standards for living expenses, plus actual secured debt payments, priority debt payments, and certain other allowed deductions. If the result shows that your remaining disposable income over 60 months would be less than $9,075, you still qualify for Chapter 7.
The IRS standards are not your actual expenses — they are standardized allowances based on household size and county. This means two people with identical incomes but different actual spending may get different results depending on their secured debt obligations and local cost adjustments.
What Counts as "Household Size"?
Household size includes you, your spouse (even if not filing), and all dependents you support. This matters enormously because a higher household size means a higher median threshold. A single filer earning $5,500 per month would fail the means test alone but pass it with one dependent (where the 2-person median is $6,332).
The Six-Month Lookback Period
The means test uses your average monthly income for the six full calendar months before the month you file. If your income has recently dropped — job loss, reduced hours, end of seasonal work — the timing of your filing can determine whether you pass. This is a strategic decision Attorney Fraser evaluates at intake.
Spouse Income When Filing Alone
If you are married but filing alone, your spouse's income is included on the means test — but a marital adjustment deduction on Line 13 of Form B 122A-1 allows you to subtract the portion of your spouse's income that is not used for household expenses. This deduction often brings combined income below the median for couples where one spouse has significant separate obligations.
What Happens If You Don't Pass
Failing the means test does not mean bankruptcy is off the table. It means Chapter 7 is presumptively unavailable, and Chapter 13 — a 3-to-5-year repayment plan — becomes the primary option. Chapter 13 still provides the automatic stay, stops garnishment, cures mortgage arrears, and can strip underwater second liens. For some clients, Chapter 13 is the better chapter regardless of means test results.
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This article is for general informational purposes only and does not constitute legal advice. Consult with a licensed attorney for advice specific to your situation.