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Same sex couples that are legally married under state law can now file a joint bankruptcy petition. This change came about because of the U.S. Supreme Court's recent decision in Windsor v. United States, in which it declared unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA). DOMA denied federal benefits to same-sex married couples. With Section 3 of DOMA out of the way, same sex couples filing for bankruptcy can now file a joint bankruptcy petition. Currently, 13 states and the District of Columbia allow same sex couples to get married. Keep in mind, however, that this list is ever-expanding.
To learn more, see Same Sex Married Couples and Bankruptcy: Can You File a Joint Petition?