When it comes to debt incurred during a marriage, in general, all debt is community debt. When it comes to paying off student loan debt, this is where it can become a little more complex.
The Court is going to look into how exactly the student loan money was used, and they make their decision from there.
For example, if the student loan money is used solely for tuition, books and other school related costs then the court is more likely to confirm the debt to the spouse who received the degree. A college degree is usually attained in order to help a person be more employable, and those skills learned cannot be divided in two.
On the other hand, if the loan was used to help with mainly living expenses for the couple, then the court might be more likely to split the debt up. For example, if the loan was taken out to help with a mortgage payment, utilities, or just general living expenses, like food, then the money was used for the benefit of both parties, not just one.
The division of debts is a very stressful exercise to endure, but having an attorney navigate you through who has to pay what can help reduce some of the painfulness of the process.
If you find yourself or a loved one facing a divorce and in need of a lawyer for a family law matter, please call OWENS & PERKINS at 480.994.8824 to schedule your free 30 minute consultation.
