Do I Have To Pay My Spouse’s Student Debt In Virginia?

As marital debts are discussed during the divorce process, student loans are a common source of conflict. Some spouses believe it should be a marital debt, as the income they were able to achieve from their education contributed to the marital income. Others believe it should be their spouse’s independent responsibility. Which is true? Divorce lawyer Michelle Hopkins offers insight below.

In Virginia, Courts may likely divide marital debts that are jointly titled and incurred during the marriage.

If your spouse incurred their student debt prior to the marriage, it is probably their sole responsibility unless their spouse agrees to be responsible for the expense.

If your spouse incurred student debt during the marriage, each spouse may be responsible for a portion of it, depending upon how the debt is titled, and in consideration of other factors.

A spouse may have an argument that their student debt should be divided if their student debt resulted in obtaining a job that contributed to the family, but generally speaking, if it is solely titled, it is their sole responsibility.

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If you need guidance regarding your spouse’s student debts during the divorce process, please do not hesitate to contact our office today at 571-248-2210 or info@mhopkinslaw.com to schedule a consultation. Michelle Hopkins and her legal team are ready and waiting to help you!