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A Correlation Between Student Loans and Divorce

Posted by Drama Free Divorce | Jan 22, 2020 | 0 Comments

student loans and divorce

Divorce laws become even more complex when student loan debt is involved, creating additional challenges during divorce proceedings. With student loans becoming an increasingly prevalent part of our financial landscape, dividing student loan obligations during divorce proceedings presents its own unique set of difficulties. In this article, we will explore the unique complexities associated with divorcing with student loan debt as well as strategies and considerations necessary for fair and equal resolutions.


Understanding the Landscape

Divorce can be an emotional journey for couples. Asset division becomes even more crucial when student loans become an issue in modern relationships therefore, how will these debts be split among spouses who separate?


Description of Student Loans

Student loan debt in divorce typically falls into either of two categories. Loans accumulated before marriage may be considered separate property while debt acquired after marriage generally qualifies as marital. This distinction sets up guidelines for how debt will be divided.


Community Property States vs Equitable Distribution

State law controls how assets and debts are divided during divorce proceedings. States typically divide them into two categories: community property or equitable distribution. States that follow equitable distribution typically seek a fair distribution of marital assets, including student loans. However, states with community property usually divide assets acquired during marriage equally between spouses.


Student Loan Debt and Asset Division

Student loans become part of the asset division process when classified as marital obligations. When doing so, courts take into consideration a range of factors including contributions by each spouse during marriage, the duration of their union, and the impact of educational debt on the future financial security of both parties involved to reach an equitable and fair division.


Spousal Contribution to Education

If one spouse contributed financially to the education of their partner during marriage, this may help secure a more favorable student loan debt division. A court may take into account any sacrifices or contributions they made towards the career advancement of that spouse.


Prenuptial Agreements and Student Loans

Prenuptial contracts can have an enormous effect on the outcome of divorce proceedings. Couples that include student loan debt in their prenuptial agreements could find that what was agreed upon during marriage guides the court in any subsequent divorce proceedings. Comprehensive and transparent prenuptial agreements make the divorce process simpler by outlining a framework for debt and asset distribution.


Student Loans in Divorce

It is crucial to have a plan in place when student loans form a substantial component of marital finances being separated. Transparency about finances, open communication, and considering tax implications are all vital. Financial professionals with expertise in divorce law can offer invaluable insights when formulating their strategy.

Divorcing with student loans can complicate the legal process and add emotional and financial hardships to the divorce process. State laws require careful evaluation of both spouses' contributions to education and their financial future. Open communication, strategic planning, and legal advice may be necessary to find an equitable resolution through community property or equitable distribution principles. Addressing student loans during divorce can efficiently ensure contributions are honored and provide a solid financial foundation for the next chapter in their lives.

If you have questions or if you want to hire a top divorce lawyer in Kansas City, contact Drama Free Divorce at (816) 615-5555 so we can start working on your case. Call us now and experience how Drama Free Divorce leads you to your amicable separation! 

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