Who gets the student loans in the divorce?

| Jun 30, 2016 | Property Division |

The discussion about the division of marital debt during a Georgia divorce may be just as contentious as the conflict over assets. According to Forbes magazine, if you or your spouse took out student loans to help pay for your education while you were married, these debts could be considered a divisible marital liability.

The presence of a prenuptial or postnuptial agreement that addresses the ownership of the loans may be one of the easiest ways to influence their allotment. Unfortunately, if you and your spouse did not discuss the debt before acquiring it, the judge may decide to divide it between you. Since Georgia is an equitable distribution state, several factors may come into play when determining what constitutes a fair settlement.

If you are the spouse who obtained the degree, it may have contributed substantially to your earning potential, and the division of marital debt often hinges on who has the ability to pay it. The judge may determine that the debt should be yours since you are financially benefitting from it the most. On the other hand, while in college, many people must use student loans to help cover the costs of rent, transportation, food and other essentials. Your spouse may be ordered to help with repayment if he or she contributed to the use of the financial assistance in this manner.

Because marital assets and liabilities are divided on a case-by-case basis, predicting the outcome of the decree depends on the specifics of your situation. This information can give an idea of what to expect, but it is general in nature and should not be interpreted as legal advice.

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