If my girlfriend and I are considering getting married, what are my future potential liabilities regarding her student loan debt?

I am concerned about her student loans which are substantial. She is a co-sign with her parents. Are student loans considered marital property? We will both be working but long term may revert to a single income me if we were to have kids. We are considering getting a pre-nup – is there a simple, notarised version that would suffice to simply state that we both agree to take out of this relationships what we both went in with, and what is created together during the marriage will be split equally?

Asked on September 15, 2012 under Family Law, New Hampshire


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is nothing simple about marriage and finances and your agreement should be unique to your needs.  Now, debt in her name alone is not your debt if accrued prior to the marriage.  But if she stops working to take care of your children wouldn't you have to help with her obligations?  So I think that you need to talk about a lot here.  The lender for the loans could not come after you personally byt they can attach jointly owned property should she default.  Good luck.

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