• Home
  • Your Team
  • QDRO
  • For Attorneys
  • FAQs
  • Divorce Options
    ▼
    • Services For Divorcing Individuals
    • Litigation / Traditional
    • Mediation
    • Collaborative Divorce
    • Single Attorney
    • Pro Se
    • Separation
  • Blog
  • Contact Us
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Hoffman Divorce Strategies

Louisiana Divorce Financial Experts

985-674-1120
985-674-1120
Temporary Number: 985-276-4320
985-276-4320
  • Home
  • Your Team
  • QDRO
  • For Attorneys
  • FAQs
  • Divorce Options
    • Services For Divorcing Individuals
    • Litigation / Traditional
    • Mediation
    • Collaborative Divorce
    • Single Attorney
    • Pro Se
    • Separation
  • Blog
  • Contact Us
You are here: Home / Blog / How Divorce Affects Your Student Loans

How Divorce Affects Your Student Loans

December 6, 2016 By Adam Hoffman

working with figures

You promised to stay with your spouse through sickness, health, and student loan payments.  But sometimes, it doesn’t work out that way.

If you’re considering getting a divorce, remember that everything in the marriage must be split, whether it’s a debt or an asset.  Student loan debt can be particularly tricky, so it’s important to know the facts in order to have a mutually beneficial divorce.  Start by answering these questions to know how divorce affects your student loans.

1. When and where did you take on the debt?

If you or your spouse took out student loans before you were married, the debt is considered separate property.  You are solely responsible for it.

However, if you or your spouse took out any debt while married, that debt is considered shared property and must be paid down by both parties.  Besides student loan debt, this includes mortgages, car loans, personal loans, and credit card debt.

The state in which you live also has an effect on how debt is split.  Most states are equitable distribution states, meaning that the property belongs to whichever spouse earned it or brought it into the marriage.  For shared property, the court considers a variety of factors, including financial earning contributions, potential earnings, and the value of child care, when determining how to split the property.

Other states, like California, are community property states, meaning all property between the couple is split down the middle, regardless of what belongs to whom.

2. Have you ever consolidated your student loans?

If you consolidated your student loans with your spouse before 2006, you are responsible for paying your portion of the loan, as well as your spouse’s portion if he or she neglects to pay.  However, this rule does not apply to marriages after 2006.

When it comes to figuring out how much student loan debt you’ll be responsible for after a divorce, much of it depends on your individual case as well as the state in which you live.  More than 40 million Americans have student loan debt, so it’s not an unusual situation.  For more information, contact the offices of Hoffman Divorce Strategies at (985) 674-1120.

Filed Under: Blog Tagged With: Debt, Divorce

Primary Sidebar

Contact Us

What Our Clients are Saying

Banqus Delinquensis

Sagittis vitae et leo duis ut diam. Nibh tellus molestie nunc non blandit. Sed cras ornare arcu dui. … [Read more...]

From the Blog

Federal ten year rules

Half a Century of Federal Ten Year Rules in Divorce

The Federal Government seems to like ten-year rules.  Here is a half century (or five ten-year rules!) for family law practitioners to consider when negotiating the division of a community or … [Read More...]

Footer

Pelican Village
2895 Highway 190
Suite 218
Mandeville, LA 70471

PO Box 8902
Mandeville, LA 70470-8902

Phone:(985) 674-1120
Fax: (855) 710-6657
Contact Us

  • Facebook
  • LinkedIn
  • Twitter

Disclaimer

Hoffman Divorce Strategies professionals do not replace a client’s attorney and cannot give legal advice.

HDS can provide consultation or expert testimony and are trained in mediation and collaborative divorce.

Copyright © 2025 - All Rights Reserved

· · ·

Web Design by The Crouch Group · Log in