Can my husband make me responsible for his student loan debt if the loans are in his name, even though they were slightly used for living expenses?

I am about to file for divorce and I am not sure if I could legally be made to pay for my husbands school debt. Does the statement in the complaint “each party assumes their own debt” cover me from paying his loan debt?

Asked on June 11, 2012 under Family Law, Michigan


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Student loan debt is separate debt as long as it was incurred prior to marriage. It is also considered separate debt (for which he cannot seek contribution from you) if it was not used to benefit the marriage. Now, let's assume it benefited the marriage because he earned more money during the marriage; if this is true, then the accounting may be that a portion of his student debt be your concern or offset any monies owed to you.

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