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Student Loans In Divorce

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Student loan debt is a reality for many college and graduate-school educated people in this country. But what happens one spouse in a marriage has tens of thousands of dollars in student loans and the couple is getting divorced? Does the other spouse have to split the debt?

If you need help trying to figure out just how a divorce will impact you financially, an attorney might be able to help. A divorce attorney can be a great resource for helping you to figure out how what your options are and how a divorce could impact your financial obligations. To connect with an attorney near you, just fill out the short form below.

Debt Division in Divorce

The treatment of student loans in divorce may vary based on a number of factors, including the divorce laws of the state in question, whether the debts were incurred prior to or during the marriage and who has been making payments on the loans.

In some jurisdictions, student loans are held to be the sole responsibility of the borrower, since the education or degree attained stays with that person.  Other courts have looked at the issue differently and determined that higher education in some cases has benefited the couple and not just the student.  In jurisdictions where student loans may be considered marital debt, the length of the marriage after the degree was attained and the benefit received by the other spouse are typically important factors in determining liability for the student loan debt.

Generally, the goal is to ensure that one spouse does not end up paying for something that will solely benefit the other spouse after divorce.

However, every case is unique. For a legal perspective on your personal situation, discuss your case with an attorney. Connecting with a divorce attorney is easy - simply fill out the case review form on this page to get started today.