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West Palm Beach Divorce Attorney > Blog > Family Law > Who Pays Student Loans After A West Palm Beach Divorce?

Who Pays Student Loans After A West Palm Beach Divorce?


During a West Palm Beach divorce, division of debts is a common area of dispute. This includes educational debts, such as student loans. One of the first things to determine is whether the student loans are considered marital or individual debt. In Florida, the law considers student loans taken out while two people were married to be marital debt. Because of this, the loans are subject to division.

Of course, each situation needs to be assessed individually. For instance, if a loan was taken out before you were married but you co-signed, maybe because you were engaged at the time and wanted your soon-to-be spouse to further their education, you will likely be responsible for paying some or all of the debt, even if it’s not technically marital debt. Divorces can be financially stressful, but speaking with a West Palm Beach family attorney will allow you to understand available options and plan for next steps.

Full Amount or Partial Responsibility

When an attorney looks over the details of your financial documentation, they can advise you on what a Florida court may decide if a divorce dispute, including a student loan debt, were to be decided by a judge. The division may be different from what you would expect.

In a West Palm Beach divorce, the court will consider a few different ways to divide the student loan debt between you and your spouse. The court may assign your spouse the responsibility for paying the full amount of the loan. Or, after reviewing financial records, they may decide that you need to pay a portion of the loan, and your spouse is responsible for paying the remainder. This can be a complex process, as the court must determine which person has the current income and future financial resources to be better able to shoulder the burden of debt repayment.

When Monthly Bills Are Paid with Loans

If you are concerned that you will need to pay back the lion’s share of your student loans because you are the higher earner, share the details of your situation with an attorney so a strategy for debt division can be pursued. For example, if you took out student loans and used them to pay for both your educational fees and for daily expenses for you and your spouse, you may be able to argue that your spouse should be responsible for a portion of those debts, even if your income is higher, as the funds were used to support the household.

An equitable division can be more complicated than an equal split as there are many details that need to be analyzed. A West Palm Beach family attorney who is knowledgeable in Florida family law can explore all the possibilities. When negotiation is an option, you may have more control over the outcome than you initially thought.

Do you have student loans? Talk through the financial details of your divorce with the legal team at Bruce S. Rosenwater & Associates. There may be multiple avenues to resolution as you move toward a Florida divorce. Book your free initial consultation today.

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