Is student loan debt divided in divorce?

Is student loan debt divided in divorce?

All debt acquired before marriage remains separate property. So if you accumulate $100,000 in student loans before marriage, for example, that debt remains all yours even after you get divorced. In community property states, both marital assets and debt are divided equally between both parties.

What happens to student loans after divorce?

Legally, any student loan debt you incurred before getting married is considered separate property and remains so after the divorce (with the exception of a prenup stating otherwise). So if you borrowed $70,000 to attend law school before marrying your spouse, that debt is yours.

Does your spouse inherit your student loan debt?

Debt you bring into a marriage typically remains your own, but loans taken out while married can be subject to state property rules in divorce. And if one spouse co-signs the other’s private student loan, he or she is legally bound to the loan unless you can obtain a co-signer release from the lender.