Does student loan debt get split in a divorce?

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

How does divorce affect student loans?

A Divorce Agreement Doesn’t Affect the Loan Contract

When you get divorced, your spouse can agree to pay for your debts even if their name is not attached to the loan. This may do this in lieu of alimony payments or because you paid off one of their loans earlier in the marriage.

Are you responsible for your spouse student loan debt?

Is a Spouse Responsible for Student Loans Incurred After Marriage? Whether you’re responsible for student loans your spouse took out after you got married is dependent on where you live. In most states, debt taken out during the marriage is the responsibility only of the person who is on the loan agreement.

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Is spouse responsible for student loan debt incurred before marriage?

If your spouse took out their student loans before you got married, then you are generally not held legally responsible for those student loans. Things get a little bit more complicated, however, if your spouse took out student loans after you got married.

Is a student loan considered community property?

In most community property states, a student loan taken out by either party during marriage is community property, meaning that both spouses are equally responsible to repay the debt. Though California is a community property state, it does have one exception to the general rule.

What happens when you marry someone with 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.

What happens to student loans when you get married?

If you’re on an income-driven repayment plan for your federal student loans, getting married could affect your payments. If you file your taxes as “married filing jointly,” your income and your spouse’s income will be combined into one adjusted gross income. As a result, your bill could increase.

Can they garnish my husbands wages for my student loans?

The answer is yes. Your student loan creditors can garnish your spouse’s wages to recover the amount of your defaulted student loan.

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Does fafsa know if your married?

The Free Application for Federal Student Aid (FAFSA®) form asks for marital status “as of today” (the day the form is filled out). Separately, it asks for income and tax return information from 2018. Your marital status might be different than it was when you filed your tax return.

Does marriage affect financial aid?

All students who are married are considered independent of their parents regardless of age. Thus, a couples’ income and the assets of a spouse will affect a student’s financial aid. However, income and assets from the couple’s parents won’t.

Can the IRS take my refund for my wife’s student loans?

If you’re married and you file taxes jointly, the IRS may take your entire tax refund regardless of whether your spouse has any student loan debt of their own. However, it may be possible to get your spouse’s portion of the refund returned to them if you file an injured spouse claim form (IRS form 8379).

What happens if you never pay student loans?

Failing to pay your student loan within 90 days classifies the debt as delinquent, which means your credit rating will take a hit. After 270 days, the student loan is in default and may then be transferred to a collection agency to recover.

Who is responsible for student loan debt?

Borrower Responsibilities

As a federal student loan borrower, you are responsible for the repayment of your loan. You remain responsible for repaying your loan regardless of whether you graduate from college or feel dissatisfied with the education you received.

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Is my spouse’s debt my responsibility?

Generally, one is only liable for their spouse’s debts if the obligation is in both names. … But, unlike a common law state, in community property states all debts incurred by either spouse during the marriage are shared equally, regardless of whose name is on the account.

Who is responsible for paying student loans?

The FAFSA is a prerequisite before your child can get student loans, such as the Federal Perkins loan and Federal Stafford loan. Only the student is obligated to repay these loans. Parents are not responsible for repaying their children’s federal student loans and cannot cosign these loans.