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Wheat Ridge Divorce Attorney | Student Loans and Divorce: Who Gets the Debt?

On Behalf of | Jul 24, 2018 | Divorce |


Student loan debt is often a tricky debt to deal with in the midst of a Jefferson County divorce. Mainly, those involved in a dissolution of marriage want to know who gets the debt or how it will be divided. Let’s take a closer look at student loan debt and how it is handled during a divorce in Arvada or Golden.

Student Loans Obtained Before Marriage: A Non-Marital Debt in Jefferson County

Just like any property you obtained before the marriage is considered non-marital property and therefore not divisible through the divorce agreement, the same concept applies with debt. Any student loan debt that you took on before you were married is considered non-marital debt. This means you will solely be responsible for paying that debt back. Unless there is a prenuptial agreement in place that states otherwise, this type of student loan debt is separate.

Student Loans Obtained During Marriage: Who is Responsible in Arvada?

If you or your spouse chose to continue education after getting married and took on student loans to pay for the education, then that debt is considered marital debt, and is eligible to be shared. Even though only one spouse is receiving the education, the court has found that higher education is often a goal of both spouses, as they both share in the reward of obtaining the degree and the job thereafter. Also, student loans can help pay for other things outside of the just credit hours while the spouse is in school, meaning both parties are utilizing and benefitting from the loan. Now, the court can decide that the person with the degree received the bulk of the reward after the spilt, so an equitable resolution would allocate more of the debt to the person with the degree.

Student Loans Obtained During Separation: Are My Spouse’s Debts My Responsibility While Separated?

You may think that once separated, you are off the hook, but that is not the case. In fact, the court ruled that student loan debt incurred after a couple was separated was still responsible, not just the party using the loan. Any debt incurred before an official dissolution of marriage is ordered is considered marital debt.

If you are getting divorced want to make sure your financial future is protected, contact the best family law attorneys from the Pearman Law Firm at 720-259-9528 for a initial phone consultation.

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