Understanding How Divorce Affects Student Loan Debt

Pennsylvania is an equitable distribution state, which means marital property and debt are divided by what is seen as fair and equitable. Determining what is "fair and equitable" is the difficult part, as the division can break down in many different ways. This is particularly true when it comes to student loan debt, since one spouse may have supported another through school, and thus may not feel responsible for paying on that debt.

At Rowe Law Offices, P.C., our attorneys offer a free initial consultation to help you understand the proper division of existing student loan debt. We have offices in Wyomissing and Lancaster in Pennsylvania and are able to help those in Lancaster, Berks and Schuylkill counties.

The Question Of Whose Debt

The "equitable" division of property and debt makes things tricky. What one spouse thinks is fair, the other may not. It is not surprising to walk away with some debt, but you certainly don't want to take it all, especially when it comes to student loans that may have been necessary to advance your former spouse's career. Some of the factors to consider include:

  • What the loans were used for, such as tuition and supplies vs. living expenses for the family while one spouse was in grad school
  • Did the person actually finish school and obtain a degree?
  • How much did the loan — and the education it made possible — affect the family's standard of living?
  • What is the current earning power of each spouse? Can one even afford to share loan payments?

Our trusted divorce lawyers can help you answer these questions given your situation and identify marital and non-marital debt. We will do our due diligence to ensure you won't walk away owing more than you should.

Contact Us Today

For more information about student loan debt during your divorce contact us by calling 610-816-0935 (Berks County), 717-345-3208 (Lancaster County) or 570-362-6837 (Schuylkill County). For toll free, please call 866-232-1913.