Steven J. Gaba - Rockville Family Law Attorney
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Student loans and your divorce

If you are like most people in Maryland who have gone to college, you graduated with not just a diploma but also with some student loan debt. If you are now facing a divorce and still owe on your student loans, you might assume that you will be forced to repay these loans on your own. On the flip side, if your spouse is the person with the student loan debt, you might assume that you will not have to be responsible for the debt after your divorce.

Your assumptions in either scenario may actually be incorrect. As explained by Student Loan Hero, there are many factors that go into determining which spouse may end up having to repay student loan debt after a divorce. For any student loan debt incurred before a marriage, the individual who took out the loans is commonly the person who must continue to repay those loans after a divorce.

For loans taken out during the marriage, the debt may be shared based on what the money was used for and what type of degree may have been obtained during the marriage. For example, if the loan money was used to pay rent or other living expenses, it might be argued that it should be a joint debt.

If you would like to learn more about how student loans taken out by your or your spouse may be addressed if you get divorced, please feel free to visit the debt division page of our Maryland divorce and property division website. 

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