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Am I liable for my spouse's student loan if I get a divorce?
Anonymous2 views3 answers
My spouse begins college this fall and took out a student loan (only enough to cover tuition, books, and fees). They just signed the promissory note.
If I get a divorce, would I be liable for any of their student loan? Would I have to file before they start attending college?
I think we need to know whether you cosigned the loan. If you did, then you are responsible for that debt along with your spouse.
The general rule is that if you did not sign the Master Promissory note, you are not liable for it, and depending on when you get divorced, you will not have received any vendor from the loan.
However, I believe you should hire an attorney to make sure the Judgment for Dissolution does not make you liable for this debt.
It is far too early to determine whether you are responsible for a loan that does not yet exist in the event of a divorce which is not yet happening and may never happen.
Historically, divorcing spouses who are equally or close to equally able to pay bills are responsible for their own student loans. However, the type of loan, the resulting degree, income potential, and countless other factors play into this. There is really no way to answer your question.
