Jamie Graham & Associates, PLLC

Divorce has impact on student loan debt

The process of dissolving a marriage can be messy in Texas both financially and emotionally. This is particularly true when a couple has several assets to divide. However, it can be even tougher when there is a lot of debt to address, especially student loan debt. Understanding how divorce impacts student loan debt is paramount for negotiating a split that is mutually beneficial.

First, it is important to examine when a person took on his or her student loan debt. If the debt was assumed before he or she got married, it is deemed separate property, so this person is fully responsible for it. However, if the person took on the debt during the marriage, the debt is deemed shared property. In fact, all debt taken on during the marriage is treated in this manner, ranging from mortgages to personal loans, car loans, credit card debt and even business loans sometimes.

Because Texas is a community property state, everything will be divided in half during a divorce proceeding. This means student loan debt will end up being split 50-50. Even if one of the parties may find it difficult to assume the split debt, he or she will be held liable for it.

Divorce can be tricky to navigate, but proper legal guidance may help a divorcing individual to fight for his or her best interests when it comes to addressing assets and debts. If two people getting divorced are able to find common ground, they can avoid further court intrusion. Otherwise, they will have to rely on a judge to make important decisions for them regarding these matters.

Source: wisebread.com, "Does Divorce Affect Your Student Loans?", Ashley Eneriz, Nov. 8, 2016

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