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Student Loan Debt Responsibilities And Divorce


Carrying student loans can be stressful for families, and if you are dissolving a marriage, you may have questions about what will happen to your student loans through the divorce process. Dividing assets and debts is one of the factors that need to be reviewed and addressed when a couple ends a Florida marriage.

To have your inquiries about how assets and debts will be distributed during a Florida divorce and learn more about what is categorized as marital debt or not, connect with a seasoned Port St. Lucie family law attorney.

Is Your Student Loan Marital Debt?

The short answer is maybe.  What needs to be analyzed by your attorney is the timing of the debt.  Any loans taken out during the course of the marriage, regardless of how they were used become marital debt.

Will you have to pay your spouses student loans taken out during the course of the marriage?

Maybe. If you are unable to pay the debt because of insufficient income or resources, the debt COULD be distributed in other ways.   Perhaps your spouse will bear more of the debt. Perhaps you will take less of the assets.  Perhaps you will take on-half of the assets and less of the debt.  There is no cookie-cutter answer as each case is individualized and has its own special needs.

Student loan debt can be a complex issue, but in general, student loan debt that was incurred before the marriage is considered separate debt and will not be divided during the divorce while student loans incurred during the marriage may be considered a marital debt.

Connect with the compassionate legal team at Baginski, Brandt & Brandt.

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Port St. Lucie 8483 S. U.S. Highway One
Port St. Lucie, Florida 34952
Stuart By Appointment Only 100 SW Albany Ave., Suite 300k
Stuart, FL 34994
Fort Pierce By Appointment Only 311 S 2nd St., Suite 102b
Fort Pierce, FL 34950
Telephone: 772-466-0707 Fax: 772-223-9290 or 772-466-0907 Office Hours: 8:30 to 5:00pm M-F