QUESTION
Do I need to pay for my ex wife’s school loan and will she be entitled to survivor benefits?
Asked on Dec 08th, 2013 on Divorce - Michigan
More details to this question:
Am I obligated to pay my soon to be ex wife's school loan that is in her name and has never attempted to work in her degree field in the 12 years and can she contest survivor benefits if my retirement was before we were married? We have not lived as a married couple since 2007.
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If the school loan was obtained while you were married, it is more than likely community debt and you would be obligated to pay half of it. As for the retirement, if there was no accrual during the marriage, you have a strong case that it is separate property and she is not entitled to it. However, talk with your attorney about these issues because little details can make a big difference.
Answered on Dec 13th, 2013 at 7:17 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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There is not enough information here for an informed opinion or advice. for your questions. In part it will depend on the jurisdiction in which you reside. You should consult with an experienced family law attorney in your area, who will be better able to respond to your questions.
Answered on Dec 13th, 2013 at 6:21 PM
No, she has to pay her school loan. She cannot contest survivor benefits if your retirement was before you were married. Your retirement is your separate property.
Answered on Dec 12th, 2013 at 4:51 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It will depend on the circumstances. For your own sake, engage counsel to represent and counsel you, it's just your life.
Answered on Dec 10th, 2013 at 8:37 PM