Status of Student Loan Debt After a California Divorce

Marriages come with many responsibilities and one of them is supporting a spouse with his/her student loans. Paying back the educational loan can be tough for some and becomes even tougher once a divorce takes place. Current statistics show that college students who take up educational loans end up with huge debts which become hard to pay. In a marriage, the debt can be cleared by both spouse but it’s not as easy as it sounds. It can get complicated and after a divorce, students loans can look like a huge burden.

Finances are an important factor when it comes to a marriage and a divorce and most individuals are extremely cautious about how they spend their money. Debts are never pleasant and paying for something which is not yours can be even more painful.

How is the student loan divided before and after the marriage?

If you and your spouse have taken an equal amount of student loans, then each is responsible for their own debts. In such cases, divorce arrangements become easier to work out. However, if one of you has more debts than the other person, separate arrangements must be made to pay off the debt. Sit with your legal counsel and chalk out a plan to clear the debt. Student loans are often seen as property by a court of law and upon marriage and divorce, it is treated in the same way. So, if you had the student loan prior to the marriage, it becomes a separate property and should be cleared by you. However, if the loan was taken after you got married, then during a divorce, it can be treated as marital property. Then again, if the loan was taken by the person who does not have an income after marriage, the situation becomes trickier. If the other spouse took care of the student loan, then the court has the right to favor him/her during a divorce.

Loans are supposed to be paid by the person who took it but it does not always work out in a marriage. Having a student loan and having a job are not always related. Finances are an important part of divorce proceedings and no individual wants to pay more than he/she has to. Incurring student loan debts can be financially tough for the person it has been burdened with it. Student loan debt issues should be consulted with an experienced Orange County divorce lawyer.

Getting divorced in California can be complicated! Click the following link to download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.