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Bucks County Divorce Attorneys > Blog > Family Law > What Will Happen To My Student Loans If I Divorce?

What Will Happen To My Student Loans If I Divorce?


Many questions arise when a person is going through a divorce, one of them could be what happens to your student loans. While splitting large assets could be top of mind, such as who gets the house and how investment accounts will be divided, student loan balances also need to be considered.

The answer to the student loan question depends not on the situation. If you acquired the student debt before you were married, it will likely be considered separate from your marital assets. Naturally, there are exceptions, if your spouse co-signed on one or all of your student loans, for example. Pennsylvania divorces can be emotionally draining and financially stressful, to learn more about your options regarding assets and debts, connect with a Bucks County family attorney.

Common Student Loan Questions During the Divorce Process

When you meet with a family attorney a wide variety of issues will be addressed. When it comes to your student loans, you may be seeking answers to one or all of the following questions.

  • Will my student loans be considered part of the overall marital debt?
  • Should I anticipate my student loans to be divided or will I be solely responsible for them?
  • Is it possible my student loans will be impacted by child support payments or spousal support?

Your lawyer will answer your questions once they learn if you had acquired the loans before or during your marriage and if your spouse co-signed on any of the loans.

If the student loans existed prior to your marriage, you will likely be responsible for settling that debt. But there are situations when your spouse will carry some or all of the student loan debt. For example, if there is a prenuptial agreement that outlines a different path to settling debts should a marriage dissolve.

Student Loans Used to Fund Daily Expenses

Debt that is gathered during the course of the marriage will be divided, and this is true for student loans as well. How they will be distributed depends on the situation. While loans are commonly used to pay for tuition and school fees, many often use them to pay for family expenses. For instance, if a couple has a young child and one or both parents decide to leave their jobs and return to school, student loan funds could be used to pay household bills and expenses.

Community property states divide debts and assets equally, but Pennsylvania and New Jersey are not community property states, instead family courts will assess the situation and determine a path forward. A Bucks County family attorney can look over your financial details and strategize a path forward.

Are you wondering who will pay off student loans once your divorce is finalized? Talk to a legal professional to understand what options are available. The family law attorneys at Kardos, Rickles & Hand help. Our dedicated legal team understands the finer points of family law. There are opportunities to create the life you want. Schedule your consultation today, call 215-968-6602.

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