Dividing Student Loan Debt During Divorce

student loan debtQuestion:

If I divorce my wife can she sue me over her student loan debt? We are both unemployed and going to school. She took out very large student loans and I am worried about finding the money to pay for them.


I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on divorce and family law.

She cannot “sue” you over her student loans. However, generally, all debt acquired during a marriage and prior to a divorce is considered marital.

Illinois divorce attorney Christina Milien
Illinois divorce attorney Christina Milien

As such, in the dissolution proceeding, the court would determine who would have liability for all debt obligations of both parties.

The fact that you are unemployed diminishes the likelihood that a court would assign her student loan debt to you, but that cannot be absolutely guaranteed.

Nonetheless, the best thing to do if your primary concern is being held individually liable is to dissolve the marriage because that is the only action that will truly separate your financial actions — even if your name is not listed on a given debt.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Illinois divorce lawyer Christina Milien, contact Cordell & Cordell.

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