After a divorce, you likely will be asked to shoulder the responsibility for your student loans. Any loan incurred before or during marriage for a spouse’s education or training which remains unpaid at the time of divorce must be assigned for payment to the spouse who obtained the education and is disregarded in effecting a net equal division of the community estate (i.e., the unpaid loan cannot be included among the community liabilities for purposes of a property division). [Fam.C. §§2627, 2641(b)(2)
You may even have to repay your ex-spouse for any payments they made to your student loans if your ex seeks reimbursement to the community for expenditures towards your education.
They need only demonstrate the community contributions substantially enhanced your earning capacity.
However, it would be “unjust” to order full reimbursement if the community has substantially benefitted from the education which is presumed if the education was more than 10 years before the commencement of this divorce. [Fam.C. §2641(C)(1)
Speak to a lawyer if you have questions about how student loans would be handled in a divorce.
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