Are student loans considered marital debt?

Question:

I have been going through a divorce from my wife for almost two years. Before we separated and continuing during our divorce, she has worked and has been going to college.

Can the judge rule that I have to pay for part of her student loans?

Answer:

I can provide you with some general knowledge regarding the divorce process. Any debt acquired during the marriage is usually considered marital debt.

A court will likely divide the debt in an equitable manner in its division of property. This does not mean equally. A judge will probably take into account all of your assets and divide them accordingly.

Also, any debt acquired by a party after the initial divorce filing will likely be attributed to that party only. Thus, a judge may rule that you have to pay for part of your wife’s college loans.

I recommend seeking further legal advice. Cordell & Cordell has attorneys licensed and located in 18 states who can provide a more in-depth analysis of your current situation.

 

Erin E. Clark is an Associate Attorney in the Fort Worth, Texas office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Clark is licensed to practice in the states of Texas, Kansas and Missouri. Ms. Clark received her Bachelor of Science degree in Journalism, cum laude, from Texas Christian University. She later received her Juris Doctor from Texas Wesleyan University School of law, where she was an active member of the Law Review.

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