Are my student loans considered part of the debt to be divided?

In the process of a settlement, he doesn’t want to pay half of my student loans and he doesn’t want me to touch his retirement. Is he responsible for half of the student loan amount?

Asked on July 1, 2009 under Family Law, Indiana


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well, I don't think he's going to get everything he wants.  For detailed advice, based on all of the facts of your case, you should talk to an attorney, because in most states, his position isn't justified.  One place to find a lawyer who can help you is our website,

The student loans might not be part of what gets divided up in your divorce, if you took out all of the loans before you got married.  By the same token, at least part of his retirement accounts, as much as can be matched up with the period of time from your marriage until the divorce complaint was filed (or, gets filed in the future, unless you settle), does get divided up, one way or another, in most states.

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