Can student loan debt be included in divorce?

Can student loan debt be included in 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.

Are Student Loans considered marital debt?

Even if youror your spouse’sstudent loans are considered marital debt, that doesn’t necessarily mean that the other party will be liable for them in the event of a divorce. In a community property state, marital assets and debts are split 50-50 between the parties when they divorce.

How debt works in divorce?

As part of the divorce judgment, the court will divide the couple’s debts and assets. The court will indicate which party is responsible for paying which bills while dividing property and money. Generally, the court tries to divide assets and debts equally; however, they can also be used to balance one another.

Does a divorce hurt your credit?

Actually filing for divorce doesn’t directly impact credit scores, but if you have late or missed payments on accounts as a result, it may negatively impact credit scores. While a divorce decree may give your former spouse responsibility for a joint account, that doesn’t let you off the hook with lenders and creditors.

Should I leave my house during a divorce?

Do not move out of your home before your divorce is finalized. Legally speaking, it is one of the biggest mistakes you can make. Even if your divorce is amicable and you can’t be together anymore, leaving is one of the most legally damaging decisions you can make in the middle of a divorce.