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My wife who is a doctor has student loan debt that we have been paying during our 8 years of marriage. She has been practicing medicine for 15 years total. Am I entitled to any type of reimbursement for the student loans? We are about to get divorced.
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Generally, if the student loan was incurred during the marriage, it is generally considered a community debt. If the loan was obtained before the marriage, it is considered a separate property debt of the party taking the loan. If community funds (generally earnings of either party after marriage) were used to pay on the loan, the other party may be entitled to reimbursement for 1/2 of the amount paid towards repayment with community funds.
This response is general in nature and should not be considered legal advice.
Answered on May 09th, 2012 at 5:26 PM