What happens to student loans when you divorce?

What happens to student loans when you 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.

Is my spouse liable for my student loan debt if I die?

If the student loan is a federally backed education loan, a spouse is safe from repayment liability. According to the U.S. Department of Education, if the borrower of a federal student loan dies, the loan is automatically canceled and the debt is discharged by the government.

What happens if you never pay your student loans?

If you miss a payment on your federal student loans you have 270 days to make a payment before your debt goes into default. Once federal student debt is in default, the government is able to garnish your wage, your Social Security check, your federal tax refund and even your disability benefits.

Do you inherit your spouse’s debt?

Your spouse may inherit your credit card debt if he or she was a joint account holder, or if you live in a community property state where debt incurred after the marriage is considered community property. But keep in mind that credit card debt may have to be paid out of any assets in your estate, if you leave one.

What happens to my husbands debts when he died?

When someone dies, debts they leave are paid out of their ‘estate’ (money and property they leave behind). You’re only responsible for their debts if you had a joint loan or agreement or provided a loan guarantee – you aren’t automatically responsible for a husband’s, wife’s or civil partner’s debts.

How do I protect myself from my husband’s debt?

Keep Things Separate Keep separate bank accounts, take out car and other loans in one name only and title property to one person or the other. Doing so limits your vulnerability to your spouse’s creditors, who can only take items that belong solely to her or her share in jointly owned property.

What happens when you marry someone with a lot of debt?

In community property states, you are not responsible for most of your spouse’s debt incurred before marriage. However, the IRS says debt taken on by either spouse after the wedding is automatically a shared debt. Creditors can go after a couple’s joint assets to pay an individual’s debt.

How do you protect yourself financially in a marriage?

Here is the list of ways you can protect (at least some of) your money and assets without a prenup.Keep your own funds separate. Keep your own real estate separate. Use non–marital funds to maintain non-marital property. Keep bank statements for retirement accounts issued at the date of marriage.