Student Loans and Divorce How Splitting Up Affects Your Student Debt

Student Loans and Divorce How Splitting Up Affects Your Student Debt When I was 25, I went through a divorce. That meant we had to split up all our assets and debts. Dealing with student loans and divorce in particular is a bit mora complicated and requires some additional knowledge beforehand.Needless to say, going through a divorce can be a long and grueling process of untangling your commingled finances, especially when you have debt. If youre married with student loan debt and are considering divorce, heres how the process will affect you and how to prepare.Specifically, well look atDealing with student loans and divorce3 important questions to askShould I pay off debt before divorce?Dealing with student loans and divorceThere are no simple answers when it comes to divorce. Student loans are one of many different factors that must be considered, so lets start with the basics. Who is responsible for student loan debt in a divorce?Know your states lawsWhengoing through a divorce, you must divide all your assets and debts in accordance to the laws of the state in which you live.Anything you jointly own is considered marital property and will be divided according to whether you live in a community property or equitable distribution state.In acommunity property state, both spouses have equal ownership of all marital property and everything is split 50-50.In anequitable distribution state, the division of marital property is more complicated since each spouse has a legal claim to a fair and equitable portion of any assets, which may or may bedrngnis mean a 50-50 split. Most states are equitable distribution states, and the courts will have the final say.At times, assets are divided among spouses differently than the debts are. Usually, however, they are divided using the same formula.Student loan debt before marriageIf you and your spouse have an equal amount of student loan debt, divorce agreements are a little easier to work out. You each take responsibility f or your ownstudent loans and make the payments.However, if one spouse has more student loan debt than the other, the couple and their legal counsel will have to come to an agreement for dividing up the debts and assets in an attempt to balance.One of the most common misconceptions about dividingstudent loan debt is that all debt obtained before getting married becomes shared debt once youre married. This is not always the case.Legally, any student loan debt you incurredbefore 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 toattend law school before marrying your spouse, that debt is yours.Student loan debt after marriageThe division of student loan debt becomes a bit trickier if the loans were obtained during the marriage.In some cases, the spouse who has the student loan debt isnt necessarily the one whos the breadwinner or makes the loan payments. How this debt is divid ed, again, goes back to the state in which you live, as well as which spouse benefited from borrowing student loans.If the student loan is solely in one spouses name and the lender didnt take the other persons credit into consideration when granting it, its possible the other spouse will be off the hook. Again, these factors are largely situational, so the outcome will vary by couple.3 important questions to askDealing with student loans and divorce can be tricky. As youre going through the process and must divide your student loan debt, here are three important questions to ask that will help determine a fair outcome.1. What was the money used for?In most cases, the funds from a student loan go toward paying tuition, school fees, books and other educational materials in the pursuit of a degree.However, some of the money borrowed can inevitably go toward living expenses and other costs that benefit the entire family. This should be taken into consideration for purposes of repaying t he debt and how each spouse benefited from the money.2. What is the earning power of each spouse?When calculating equitable distribution of assets and debt, take into account each spouses ability to support themselves and any dependents.If one spouse has no significant income or earning potential on their own, the courts will be less likely to deem it fair for that spouse to incur part of the student loan debt responsibility.3. Did the borrower earn a degree during the marriage?If the student loan borrower did earn a degree as a result of the debt, it needs to be determined whether that degree is considered separate or marital property, and this is determined by where you live.In some states, such as New York, a professional degree earned during the marriage can be considered marital property due to the lifetime earning potential. Any debt incurred while obtaining whats considered marital property is most always categorized as marital debt. This means the student loan debt divorce a greement would deem both spouses responsible for repayment.Should I pay off debt before divorce?After a divorce, student loan debt is typically still the responsibility of the person who incurred it. However, there are exceptions depending on your personal situation and what the courts decide is fair and equitable division for both spouses.Be koranvers to consider all the possibilities and consult with a lawyer before a divorce so you know what to expect. Divorce is never an easy process, but you can make it a little less painful by being financially prepared. Carrie Smith. Laura Woods contributed to this report. This report was originally published May 12, 2016.--This story originally appeared on Student Loan Hero.