Legally, any student loan debt you incurred before getting married is considered separate property and remains so after the divorce (unless a prenup states otherwise). So if you borrowed $70,000 to attend law school before marrying your spouse, that debt is yours.
What happens to student loan debt during divorce?
When you get divorced, your spouse can agree to pay for your debts even if their name is not attached to the loan. This may do this in lieu of alimony payments or because you paid off one of their loans earlier in the marriage.
Can a spouse be held responsible for student loan debt?
In most cases, marriage does not make you automatically responsible for your spouse’s student loan debt. In fact, unless you live in a community property state, refinance your loans together, or decide to be a cosigner for their loans, you are not legally obligated to repay their debt.
Is my ex husband responsible for my student loans?
When a married couple borrows student loans, the loans are considered to be the joint responsibility of the spouses if they lived in a community property state. When you borrow student loans before a marriage or after legal separation or divorce, they remain the borrower’s responsibility.
Can my student loans be forgiven if my spouse is disabled?
Can my student loans be forgiven if my spouse is disabled? You cannot get your federal student loans forgiven if your spouse is disabled. However, your spouse may be eligible to have their student loan debt forgiven through the Total and Permanent Disability Discharge Program.
What is marital debt in divorce?
Marital Debt Defined
In general, marital debt is debt that was acquired during the duration of the marriage. Separate debt most often means debt that a spouse had prior to marriage. Separate debt means the party who walked into the marriage with the debt is responsible for it after the divorce.
How will marriage affect my student loans?
We’ll reduce your payments to account for your spouse’s student loan debt if you file joint income taxes. Any time we use joint income to calculate your payment amount, we consider your spouse’s federal student loan debt and prorate your payment based on your share of the combined federal student loan debt.
Who is responsible for debt after divorce?
Matrimonial debt on divorce
Regardless of whether the debt was taken out in the name of one spouse, or as a joint debt, if the debt was incurred for the benefit of the family (i.e. both spouses have enjoyed the benefits of the loan), then it is likely that both parties will be jointly responsible for the debt.
Is my spouse’s debt my responsibility?
You are generally not responsible for your spouse’s credit card debt unless you are a co-signor for the card or it is a joint account. However, state laws vary and divorce or the death of your spouse could also impact your liability for this debt.
Is a student loan considered community property?
In most community property states, a student loan taken out by either party during marriage is community property, meaning that both spouses are equally responsible to repay the debt. Though California is a community property state, it does have one exception to the general rule.
How are student loans split?
Student loans are split into two distinct parts: tuition fee loans and maintenance loans. Tuition fee loans of up to £9,250 a year cover your course fees. You don’t receive this money – it’s paid directly to the university running your course. Part time students may be able to get a tuition fee loan of up to £6,935.
Who is responsible for student loans?
As a federal student loan borrower, you are responsible for the repayment of your loan. You remain responsible for repaying your loan regardless of whether you graduate from college or feel dissatisfied with the education you received.
Can the IRS take my husband’s tax refund for my student loans?
If you’re married and you file taxes jointly, the IRS may take your entire tax refund regardless of whether your spouse has any student loan debt of their own. However, it may be possible to get your spouse’s portion of the refund returned to them if you file an injured spouse claim form (IRS form 8379).
Will my student loans be forgiven if I am on disability?
If you’re totally and permanently disabled, you may qualify for a discharge of your federal student loans and/or Teacher Education Assistance for College and Higher Education (TEACH) Grant service obligation.
Is my spouse’s income considered for student loan repayment?
If you have federal student loans and are enrolled in an income-driven repayment (IDR) plan, getting married can affect your payments. … The one exception is Revised Pay As You Earn (REPAYE). Even if you file your returns separately, REPAYE includes your spouse’s income in its calculation.