Divorce is an emotional whirlwind. Even while you try to heal your inner wounds, you must also focus on how to divide your life from your spouse’s. Many couples focus on splitting assets, like the house, vehicles, and investment accounts as they begin preparing for divorce negotiations, but you’ll also have to figure out how to deal with debt. Over 40 million Americans carry some amount of federal student loan debt. If you or your spouse have student loan debt, how is that divided in a divorce? Could you be forced to take some of your spouse’s student loan debt in a divorce? The answer might be yes!
In this article, we’ll look at how student loan debt is divided during a divorce. We’ll discuss when student loan debt is and isn’t martial property, how judges play a role in determining who pays what debt, and whether it’s a good idea to pay off your student loans before your divorce.