Why Your Former Spouse’s Students Loans Could Become Yours

By The Law Offices of Ronald K. Stitch|August 29, 2019

You never plan on a divorce, but there are times when that is the best route for all parties in a marriage. However, divorces are complex, and many issues need to be settled during the divorce process. At the Law Offices of Ronald K. Stitch, our divorce attorneys want to discuss one aspect of the divorce you may not have considered – you could be stuck paying your former spouse’s student loans.

What do student loans have to do with divorce

Most people would never consider combining divorce and student loans in the same sentence. It is understandable if you are scratching your head right now.

How could you end up paying your former spouse’s student loans?

First, we need to briefly review California property division rules. California is a community property state, which means that all assets and property acquired by you and your spouse during the marriage are considered joint property. During a divorce, all of this property has to be split equally. We discuss this further on our California property division page.

Many people do not realize that property division includes all debts acquired during the marriage that are still outstanding. These will also be divided equally between two separating spouses.

If your partner took out student loans while you were married, those loans are considered community property (debts) and will be split during the divorce. You could be stuck paying this debt:

  • Even if your spouse did not graduate.
  • Even though they are using their education for their own gain after the separation.

We know this seems like a nightmare. Understandably, you do not want to be on the line for their student loans. The good news is that you are not on the line for any student loan debt they acquired before the marriage unless you and your spouse consolidated your debts into one big loan while married.

Property division can become complicated in a Simi Valley divorce. Other assets that need to be divided include:

  • The marital home
  • Other homes purchased
  • Any other real estate
  • Pensions, IRAs, 401(k)s
  • Stocks, bonds, mutual funds
  • Vehicles, RVs, and boats
  • Furniture, artwork, collectibles
  • Any debts acquired during the marriage that have not been paid off (mortgages, personal loans, auto loans, etc.).

Let us get to work on your case today

If you are going through a divorce, please understand that you should not do it alone. By having an attorney by your side, you guarantee that someone is there to ensure you are not taken advantage of. At the Law Offices of Ronald K. Stitch, our certified family law specialists will work on your case and ensure you are protected. When you need a Simi Valley divorce lawyer, you can contact us for a free consultation by clicking here or calling 818-707-0202.



Calculating Child Support: Factors, Formulas, and Financial Considerations

Navigating the complexities of child support obligations can be daunting during a divorce or separation. Understanding the factors, formulas, and financial considerations involved is crucial for ensuring your child’s well-being a...

Is Mediation Right for You? Exploring Alternative Dispute Resolution

Many individuals automatically think of litigation as the primary solution when faced with legal conflicts. However, alternative dispute resolution methods like mediation offer a less adversarial and more collaborative approach to ...

Secure Your Retirement: Legal Strategies for Dividing Retirement Plans

Divorce can be challenging, and navigating the division of assets, particularly retirement plans, adds another layer of complexity. Understanding the legal framework, types of retirement plans, and critical considerations in dividi...

Top Icon