If I’m in the process of divorcing my wife and she’s going to school, will I be obligated to pay her student loans?

UPDATED: Dec 15, 2011

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If I’m in the process of divorcing my wife and she’s going to school, will I be obligated to pay her student loans?

My wife is still in school. We’re getting a divorce. She’s been unemployed throughout the marriage. She had promised to pay the loans upon graduation, but now that we’re divorcing is denying that she made this promise. Will I be obligated to pay half her student loans?

Asked on December 15, 2011 under Family Law, Texas


Paula McGill / Paula J. McGill, Attorney at Law

Answered 11 years ago | Contributor

If you cannot agree on the division of assets and liabilities, the court will determine who will be obligated to do so.  More likely than not, your wife will be ordered to pay for her loans.  Moreover, if she signed for the loans and you did not sign as the primary or co-signer, even if she stops paying on the loan, the lending companies cannot come after you.   

You should consult with an experienced local family lawyer to discuss a strategy on handling all the issues that might arise in your divorce matter. 


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