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Blog 2018 December What Will Happen To My Student Loans in a Divorce?
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What Will Happen To My Student Loans in a Divorce?

Posted By Law Office of Kathryn Marteeny || 20-Dec-2018

Nowadays, it is difficult to start a reliable career without a college degree at your back, which is why more students than ever before are taking out student loans to pay for their schooling. Student debt may be considered commonplace these days, but that does not make the expense any less challenging for those in the thick of their repayment. As complicated and stressful as student debt can be, having outstanding educational loans can be even more difficult when you go through a divorce.

If you are going through a divorce, you might be worried about what will happen to the student debt you and your spouse paid during your marriage. In short, some couples do split their student debt after a divorce, but most student loans remain with the individual who originally applied for the loan. As with most things, each case is different, which is why you need to understand how Texas law handles student debt in a divorce.

Divorce & Marital Debt

One of the most challenging aspects of any divorce is the division of marital property. The possessions, properties, and other keepsakes couples accumulate during their marriage can be difficult to divide, even in the most amicable divorces. However, as difficult as it can be to split assets, it can be even more challenging to determine who will take on marital debts.

Is Student Loan Debt Different?

Although shared debt is subject to division in a divorce, student debt does not usually fall under this category. The assets that are subject to division in a divorce are assets that were accumulated during the marriage or were owned by both spouses, together. Student debt, however, is often accumulated before couples marry, and is usually used only for the benefit of one party. In most cases, student debt will be considered separate property, which means it will remain with that spouse after the divorce and will not be subject to division.

Student Debt as Community Property

That being said, there are instances where student debt can be considered community property, in which case it can be subject to division. Most courts will only consider student debt a form of community property if the loan was used to benefit both parties. If, for example, the student loan was used to pay for one spouse’s education, and the other spouse benefited from the education of their spouse because he or she was then able to act as the main breadwinner, then both spouses may be found responsible for the student debt. Or, if the loan was used to pay for materials that both spouses used, like housing or transportation, then it could be split between both spouses as community debt.

Are you worried about what will happen to your student debt in your divorce? Contact the Law Office of Kathryn Marteeny today to discuss your divorce case with our Houston family lawyers.

Categories: Divorce, Family Law, Property Division

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Law Office of Kathryn Marteeny
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