The
lawyer answer is – it depends. The student loans will either be a marital debt
– required to be split between you and your spouse as marital debt (along with
all the other debts) – or it will be non-marital debt and remain your sole
liability.

The
court will look to determine when the student loans were taken out by the
student. If all the student loans were taken out prior to the date of the
marriage, the student loan debt is nonmarital and will remain the sole
responsibility and liability of the student.

If
the student loans were all taken out after the date of the marriage and prior
to the divorce being filed, this will most likely be a marital debt and the
parties will have to distribute the debt along with all of the other marital
debt during equitable distribution.

If
the student loans were taken out before and during the marriage, a portion of
the debt will be non-marital and a portion of the debt will be considered
marital.

Then,
when the Court looks to split up all your assets and debt in equitable
distribution, the Court will seek to balance out the equities of the parties.
That, however, does not mean equal. There are numerous factors that the courts look
at to balance the equities unequally including, but not limited to, one spouse
hiding/moving money or one spouse keeping a larger asset such as a home. The
courts will review all of the marital assets and debts to balance everything
out based on the facts and circumstances of your case.

The post Who is responsible for student loans in a divorce? appeared first on Feher Law.