If my husband and I divorced, will he still pay for part of the school loan debts incurred during the marriage? 11 Answers as of June 16, 2015

I have various school loans that I incurred while married to my former husband. Now that we are divorced, will my former husband help me pay for half of the debt from school loans I have gotten during our marriage? Will this be treated the same as regular debt, and will he have to pay for half, or will I have to pay for it on my own?

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Reza Athari & Associates, PLLC | Seth L. Reszko
In Nevada, debt accumulated during the marriage is presumed to be community debt. As a result, your spouse is likely to owe 1/2 of the debt.
Answer Applies to: Nevada
Replied: 6/16/2015
Law Office of Martin A. Kahan | Martin A. Kahan
Since the debt was incurred during the marriage, it is presumptively a community debt. ?You should consult with a family law attorney. ?The issue is not cut and dry.
Answer Applies to: California
Replied: 6/15/2015
Diane l. Berger | Diane L. Berger
Generally speaking since you have acquired the benefit of the education you would be required to pay the debt.
Answer Applies to: Nebraska
Replied: 6/12/2015
Law Office of Robert E McCall | Robert McCall
If you are divorced the Final Judgment controls. Read the document.
Answer Applies to: Florida
Replied: 6/12/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
It's not clear from your question whether or not you have been divorced yet. If so, it is likely too late to change the division of property and debt. (Lawyers are really, really helpful when you have court matters.) If the court proceeding is not yet complete, nothing keeps you from asking for a contribution to your student loan debts, but it is not the usual practice in this State for courts to make your ex-husband pay even part of your education. There are exceptions. Retain a good matrimonial attorney and discuss the matter with him or her.
Answer Applies to: Wisconsin
Replied: 6/12/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    No student loans are not a debt that will be divided since you are the only one who will benefit from the education once you are divorced. All debt is not divided 50/50 so you would do well to get a lawyer to help you understand the law.
    Answer Applies to: Washington
    Replied: 6/12/2015
    Law Office of Darin Kanfer | Darin J. Kanfer
    If the two of you can agree to it, you can put it in your divorce judgment. If not, a judge may have to decide if he should pay some portion.
    Answer Applies to: Michigan
    Replied: 6/12/2015
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    This will all depend on what is worked out in the settlement agreement. Get your own attorney.
    Answer Applies to: New York
    Replied: 6/12/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    When you divorced the court ordered a resolution to all those issues. The resolutions might have been contained in agreement that you and your spouse entered into ordered by court order. What you are asking for is a modification of the final judgment regarding that issue. While modification is possible you will have to go back to the court and argue to the judge why you want the modification at this time. Good luck.
    Answer Applies to: Florida
    Replied: 6/12/2015
    John Russo | John Russo
    If you are in RI student loan debt of either party is NOT considered marital debt, the majority of states,(38 total) that follow equitable distribution also adhere to this theory.
    Answer Applies to: Rhode Island
    Replied: 6/12/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Read your divorce decree.
    Answer Applies to: California
    Replied: 6/12/2015
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