How does student loan debt work in divorce?

Legally, any student loan debt you incurred before getting married is considered separate property and remains so after the divorce (unless a prenup states otherwise). So if you borrowed $70,000 to attend law school before marrying your spouse, that debt is yours.

Does student loan debt get split in a divorce?

Debt obtained after the marriage is typically regarded as shared debt and will be divided during the property division process. If student loan debt is determined to be marital debt, then it will likely be divided between both parties.

Are you responsible for your spouse student loan debt?

Is a Spouse Responsible for Student Loans Incurred After Marriage? Whether you’re responsible for student loans your spouse took out after you got married is dependent on where you live. In most states, debt taken out during the marriage is the responsibility only of the person who is on the loan agreement.

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Is a student loan considered community property?

In most community property states, a student loan taken out by either party during marriage is community property, meaning that both spouses are equally responsible to repay the debt. Though California is a community property state, it does have one exception to the general rule.

What happens if you never pay your student loans?

Failing to pay your student loan within 90 days classifies the debt as delinquent, which means your credit rating will take a hit. After 270 days, the student loan is in default and may then be transferred to a collection agency to recover.

What happens when you marry someone with student loan debt?

Debt you bring into a marriage typically remains your own, but loans taken out while married can be subject to state property rules in divorce. And if one spouse co-signs the other’s private student loan, he or she is legally bound to the loan unless you can obtain a co-signer release from the lender.

Can they garnish my husbands wages for my student loans?

The answer is yes. Your student loan creditors can garnish your spouse’s wages to recover the amount of your defaulted student loan.

Does marriage affect financial aid?

How does financial aid for married students work? Your marital status plays a significant role in your financial aid eligibility. … Instead, your marital status affects whether you’re considered a “dependent” or “independent” student on the Free Application for Federal Student Aid (FAFSA).

How does marriage affect income based repayment?

If you’re on an income-driven repayment plan for your federal student loans, getting married could affect your payments. If you file your taxes as “married filing jointly,” your income and your spouse’s income will be combined into one adjusted gross income. As a result, your bill could increase.

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When you get married do you inherit your spouse’s student loans?

No. Student debt that you bring into a marriage remains your debt. Let’s say you have $30,000 in federal student loans and $40,000 in private student loans when you get married. Your spouse might help pay down your debt, but you’re the only one legally responsible.

Who is responsible for student loan debt?

Borrower Responsibilities

As a federal student loan borrower, you are responsible for the repayment of your loan. You remain responsible for repaying your loan regardless of whether you graduate from college or feel dissatisfied with the education you received.

Who is responsible for paying student loans?

The FAFSA is a prerequisite before your child can get student loans, such as the Federal Perkins loan and Federal Stafford loan. Only the student is obligated to repay these loans. Parents are not responsible for repaying their children’s federal student loans and cannot cosign these loans.

Do student loans go away after 7 years?

Student loans don’t go away after 7 years. There is no program for loan forgiveness or loan cancellation after 7 years. However, if it’s been more than 7.5 years since you made a payment on your student loan debt and you default, the debt and the missed payments can be removed from your credit report.

Can student loans take your house?

If you are worried about the consequences of not paying your student loans and are wondering if a lender can take your house as a result, the short answer is yes. However, this outcome is extremely unlikely, and it takes a long time to get to that point.

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How can I avoid paying back student loans?

You can avoid paying more than you owe by changing your payments to direct debit in the final year of your repayments. Keep your contact details up to date so SLC can let you know how to set this up. If you have paid too much the Student Loans Company ( SLC ) will try to: contact you to tell you how to get a refund.