QUESTION
If my husband and I divorced, will he still pay for part of the school loan debts incurred during the marriage?
Asked on Jun 12th, 2015 on Divorce - California
More details to this question:
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?
7 ANSWERS
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
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.
Answered on Jun 12th, 2015 at 8:26 PM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
If you are divorced the Final Judgment controls. Read the document.
Answered on Jun 12th, 2015 at 8:23 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
Generally speaking since you have acquired the benefit of the education you would be required to pay the debt.
Answered on Jun 12th, 2015 at 7:56 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
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.
Answered on Jun 12th, 2015 at 2:58 PM
Bruce Provda
This will all depend on what is worked out in the settlement agreement. Get your own attorney.
Answered on Jun 12th, 2015 at 2:58 PM
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.
Answered on Jun 12th, 2015 at 2:50 PM
Personal Injury Law Attorney serving San Diego, CA
at
Law Office of Robert Burns
Update Your Profile
Read your divorce decree.
Answered on Jun 12th, 2015 at 2:26 PM