In a divorce are student loans split between both parties if there is no co-signer?

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In a divorce are student loans split between both parties if there is no co-signer?

Also, if an order of protection was issued by the court to protect finances, is it worth doing a contempt for one of the parties violating that order and closing all the joint credit cards and paying off all the ones in their name causing the other person to have no money available? Finally, does it help or hurt you to inform the court on loans that are not being paid and hurting my credit?

Asked on July 13, 2011 under Family Law, Ohio

Answers:

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

Answered 10 years ago | Contributor

Okay you need to get legal help in your area as soon as you possibly can.  If your spouse co -signed your student loans then they lender is going to come after them as much as they come after you.  The loan amount may not be split 50/50 in the debts column.  It really depends on many facts that are particular to your situation.  Assets and liabilities are split equitable in Ohio, not equally.  As for violating the court order PLEASE do something about it NOW.  Dissipating marital assets  - that is what it is called - is a no no and Judge's do not take kindly to it.  Finally, you should advise the court of all relevant facts in your case.  The loan issue is one.  Good luck to you.


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