Robert Schembs - Family Law
Your Case Could Go To Trial.
Shouldn’t You Have A Trial Lawyer?
Call 317-643-6266 Today
Schembs Law

How are student loans handled in a divorce?

| Sep 1, 2019 | Divorce

It is not uncommon for people in Indiana to incur student loan debt when going to college. The amount of money that students often have to borrow even to just get an undergraduate degree can saddle them with debt for years after they have graduated. For students who pursue advanced or professional degrees, their student loan payments may extend decades and be akin to small mortgages. It is this reality that leads a lot of people to still have this debt when they get divorced.

If you are getting divorced and have student loan debt, your spouse might tell you that you are solely responsible for that debt. However, that may or may not be the case. As explained by The College Investor, several factors will contribute to whether or not student loans in your name become your solo debt or are split in some manner between you and your spouse.

One of the factors involves when the student loans were taken out relative to when you got married. Student loan debt incurred after your wedding date may point to some joint liability, especially if you used the funds to pay for basic living expenses for both of you such as rent, groceries, utilities and more.

This information is not intended to provide legal advice but is instead meant to give residents in Indiana an overview of how their student loans or their spouse’s student loans might factor into their divorce settlement along with any other debts or assets they have.