Do college loans get split in a divorce?

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Do college loans get split in a divorce?

I have secured all the college loans for our children during our marriage. All the loans have only my name on them. Both my spouse and I work full-time and have almost the entire marriage. How does NH divorce ruling approach the division of debt in this matter? Do I have to incur the entire debt or does it get split?

Asked on July 30, 2011 New Hampshire

Answers:

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

Answered 9 years ago | Contributor

This question need to be given guidance in light of the divorce laws in New Hampshire but should also include what is equitable.  By statute, court-ordered child support in New Hampshire ends when a child turns 18 or finishes high school, whichever is later, unless a court extends it. New Hampshire Courts have the authority to order divorced parents to contribute toward the educational expenses of their adult children consistent with their means. This authority is given in statute - RSA 458:17 and in case law: LeClair v. LeClair, 137 NH 213 (1992).   Your children already seem to be at the threshold of college and you have taken out the loans already. The reasons why they are in your name need to be expressed.  You also need to show that your husband encouraged higher education, perhaps has it himself,  and give a good explanation as to why the loans are in your name alone (his bad credit?).  Good luck.

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

Answered 9 years ago | Contributor

This question need to be given guidance in light of the divorce laws in New Hampshire but should also include what is equitable.  By statute, court-ordered child support in New Hampshire ends when a child turns 18 or finishes high school, whichever is later, unless a court extends it. New Hampshire Courts have the authority to order divorced parents to contribute toward the educational expenses of their adult children consistent with their means. This authority is given in statute - RSA 458:17 and in case law: LeClair v. LeClair, 137 NH 213 (1992).   Your children already seem to be at the threshold of college and you have taken out the loans already. The reasons why they are in your name need to be expressed.  You also need to show that your husband encouraged higher education, perhaps has it himself,  and give a good explanation as to why the loans are in your name alone (his bad credit?).  Good luck.


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