Can a spouse beheld liable for their spouse’s student loans in a divorce?

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Can a spouse beheld liable for their spouse’s student loans in a divorce?

Asked on November 22, 2011 under Family Law, Alabama

Answers:

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

Answered 9 years ago | Contributor

It would be best for you to consult with an Alabama attorney on this matter.  The general rule is that debts incurred during a marriage are debts of both of the parties.  In community property states debts are split 50/50 like assets.  Now, there is some indication that certain states - like the community property state of California - has a specific law that takes this type of debt out of the community property pot.  In other words, student loan debt is NOT community debt but rather debt of the party that takes out the loan, regardless of when the loan (during or before the marriage) is taken out.  Do some asking around there.  Good luck.


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