Divorce and Student Loans: Who Pays?
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Divorce and Student Loans: Who Pays?

Divorce / Family Law

Anat Resnik

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Divorce and Student Loans: Who Pays?

Divorce and student loans and are an increasingly common set of circumstances in today’s marriages. We often see at least one member of a married couple carrying substantial student loan debt. Even with a good job, many graduates are struggling to make payments on their loans and provide for a family or save for a house at the same time. When students with loan debt marry, they often wonder whether their spouse will be responsible for their student loan debt. When contemplating a divorce, many clients worry that they will be stuck having to bear the burden of their soon-to-be ex-spouse’s student loan debt.

While it is true that most debts that are incurred during a marriage are subject to equal division between the spouses, a debt incurred for education debt may be an exception. In California, the spouse who takes out the loans usually is the one responsible for paying for them, depending on how long ago the loan was taken out, and other facts such as the length of the marriage.

It is possible, however, if your spouse took out the student loans during your marriage, you may be responsible even if your name is not on those loans. For example, if you had a long marriage before your divorce, you might have trouble proving that the debt should remain with your spouse because your spouse could argue that the “community”, in other words, you both had already benefited. In this case, all of your assets and your income, whether held jointly or by you alone, can be taken to pay off the debt.

In California, however, the debt usually goes with the person who incurred it or whose name is on it. So, if your spouse took out their loans during the marriage or before the marriage probably won’t make a difference. The circumstances essentially remain the same. The student loan would most likely be your spouse’s to pay off. Consulting a family law lawyer would clarify the issues of student loans in your particular circumstances.

If you have a question regarding Family Law in Los Angeles County please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Los Angeles County. After you have spoken with our Los Angeles County Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.

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